THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE...Eva Milekovic Timothy Arnold Nunn Kevin George Phelps...

No. 77 3331

THE SOUTH AUSTRALIAN

GOVERNMENT GAZETTE www.governmentgazette.sa.gov.au

PUBLISHED BY AUTHORITY

ALL PUBLIC ACTS appearing in this GAZETTE are to be considered official, and obeyed as such

ADELAIDE, THURSDAY, 26 AUGUST 2004

CONTENTS Page

Administrative Arrangements Act 1994—Notice.................... 3333 Appointments, Resignations, Etc............................................. 3332 Authorised Betting Operations Act 2000—Notice .................. 3334 Boxing and Martial Arts Act 2000—Notice ............................ 3360 Controlled Substances Act 1984—Notice ............................... 3360 Corporations and District Councils—Notices.......................... 3519 Development Act 1993—Notices............................................ 3360 Fisheries Act 1982—Notice .................................................... 3365 Housing Improvement Act 1940—Notices.............................. 3364 Liquor Licensing Act 1997—Notices...................................... 3365 Local Government Act 1999—Notice ..................................... 3369 Mining Act 1971—Notices...................................................... 3386 National Parks and Wildlife Act 1972—Notices ..................... 3387 Native Title (South Australia) Act 1994—Notices .................. 3386 Petroleum Act 2000—Notices ................................................. 3387 Private Advertisement ............................................................. 3522 Proclamations .......................................................................... 3402 Public Trustee Office—Administration of Estates................... 3522

Page REGULATIONS Criminal Law Consolidation Act 1935 (No. 179 of 2004)... 3407 Chiropodists Act 1950 (No. 180 of 2004)............................ 3409 Public and Environmental Health Act 1987 (No. 181 of 2004)............................................................. 3418 Agricultural and Veterinary Products (Control of Use) Act 2002 (No. 182 of 2004) ............................................. 3420 Livestock Act 1997 (No. 183 of 2004) ................................ 3436 Subordinate Legislation Act 1978 (No. 184 of 2004) .......... 3444 Fisheries Act 1982 (No. 185 of 2004).................................. 3449 Environment Protection Act 1993 (No. 186 of 2004) .......... 3454 South Australian Country Arts Trust Act 1992 (No. 187 of 2004)............................................................. 3457 Maritime Services (Access) Act 2000 (No. 188 of 2004) .... 3459 Country Fires Act 1989 (No. 189 of 2004) .......................... 3461 Roads (Opening and Closing) Act 1991—Notice.................... 3392 Transport, Department of—Notices to Mariners ..................... 3392 Treasury— Quarterly Statement.............................................. 3393

GOVERNMENT GAZETTE NOTICES

ALL poundkeepers’ and private advertisements forwarded for publication in the South Australian Government Gazette must be PAID FOR PRIOR TO INSERTION; and all notices, from whatever source, should be legibly written on one side of the paper only and sent to Government Publishing SA so as to be received no later than 4 p.m. on the Tuesday preceding the day of publication. Phone 8207 1045 or Fax 8207 1040. E-mail: [email protected]. Send as attachments in Word format and please confirm your transmission with a faxed copy of your document, including the date the notice is to be published and to whom the notice will be charged. The Government Gazette is available online at: www.governmentgazette.sa.gov.au

3332 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [26 August 2004

Department of the Premier and Cabinet

Adelaide, 26 August 2004 HER Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the South Australian Asset Management Corporation Board, pursuant to the provisions of the State Bank of South Australia Act 1983: Director: (from 26 August 2004 until 25 August 2007) Kathryn Ann Moore Director: (from 1 October 2004 until 30 September 2007) Terence Charles Evans Nicole Shelley Rantanen Deputy Chairman: (from 1 October 2004 until 30 September

2007) Terence Charles Evans

By command, J. W. WEATHERILL, for Premier

DTF 052/04CS

Department of the Premier and Cabinet Adelaide, 26 August 2004

HER Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the HomeStart Finance Board of Management, pursuant to the provisions of the Housing and Urban Development (Administrative Arrangements) Act 1995: Member: (from 26 August 2004 until 25 August 2005) Ann Darwin


MFC 011/04CS


HER Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the Lotteries Commission of South Australia, pursuant to the provisions of the State Lotteries Act 1966: Member: (from 1 September 2004 until 31 August 2006) Stephen Kenny Shirley Chris Crago


DTF 058/04CS


HER Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the History Trust of South Australia, pursuant to the provisions of the History Trust of South Australia Act 1981: Member: (from 26 August 2004 until 25 August 2007) Margaret Allen Alison MacKinnon


ASA 006/02CS


HER Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the South Australian Water Corporation Board, pursuant to the provisions of the South Australian Water Corporation Act 1994: Director: (from 26 August 2004 until 30 June 2007) Annabel Faith Catford Digance


SAWC 001/2004CS


HER Excellency the Governor in Executive Council has been pleased to appoint Maurice J. de Rohan, OBE, as Agent-General for South Australia in the United Kingdom for a term of two years from 1 January 2005 until 31 December 2006, pursuant to the provisions of the Agent-General Act 1901.


DPC 045/97PT2CS


HER Excellency the Governor in Executive Council has been pleased to reappoint Chief Judge Terence Anthony Worthington as Presiding Officer and reappoint Judge Barry John Jennings as Deputy Presiding Officer of the Equal Opportunity Tribunal from 30 August 2004 until 29 August 2007, pursuant to Section 18 of the Equal Opportunity Act 1984.


ATTG 0266/02CS


HER Excellency the Governor in Executive Council has been pleased to appoint the undermentioned as Justices of the Peace for South Australia, pursuant to Section 4 of the Justices of the Peace Act 1991: Susan Fay Ambler Tania Balacco Michael Richard Baldwin Andrew James Brennan John Norman Burdett Bernadette Anne Douglas Gail Ann Fergusson Ralph Hoey Elizabeth Margaret Jarrett Graham Stephen Jones Leonie Irene Macrow Christopher Gerard Roberts Gloria Leonie Williams Holly Marie Yarrow


ATTG 0039/03CS

26 August 2004] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3333

Department of the Premier and Cabinet

Adelaide, 26 August 2004 HER Excellency the Governor in Executive Council has removed the undermentioned from office of Justices of the Peace, pursuant to Section 6 of the Justices of the Peace Act 1991: Raymond Lester Beck Donald Brown Denis Kelvin Cocks Michelle Ann Cross Helen Culshaw Jack Bruce Dalwood Mervyn John Dunk Darrylyne Anne Fraser Jeffice Alexander Gameau Carmen Anne Garcia Angela Joy Johnson Linda Elizabeth Murray Kelly Lesley Jeanette McDowell James Geoffrey McKay Eva Milekovic Timothy Arnold Nunn Kevin George Phelps Terence Edwin Shephard Margaret Soumelidis Muriel Joy Smart Kevin Roy Starling Kevin Harold Trevan


ATTG 0046/03CS


HER Excellency the Governor in Executive Council has been pleased to appoint the Honourable Rory McEwen, MP, Minister for Agriculture, Food and Fisheries, Minister for State/Local Government Relations, Minister for Forests, to be also Acting Minister for Employment, Training and Further Education, Acting Minister for Youth and Acting Minister for the Status of Women for the period 27 August 2004 to 10 September 2004 inclusive, during the absence of the Honourable Stephanie Key, MP.


METFE 18/04CS

ADMINISTRATIVE ARRANGEMENTS ACT 1994 Revocation of Delegation by the Minister for Urban Development

and Planning PURSUANT to section 9 (2) of the Administrative Arrangements Act 1994, I revoke my delegation to the Minister for Families and Communities for my functions and powers under sections 26 and 27 of the Development Act 1993 in relation to the City of Mitcham Pasadena High School (Partial Rezoning) Plan Amendment Report. Dated 24 August 2004. TRISH WHITE, Minister for Urban Development

and Planning


THE INDEPENDENT GAMBLING AUTHORITY, having made rules under section 62 of the Authorised Betting Operations Act 2000 on 24 August 2004, hereby publishes those rules for the purposes of section 11 of the Subordinate Legislation Act 1978.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister for Gambling has certified that, in the Minister’s opinion, it is necessary or appropriate that these rules come into operation as set out in the rules.

R. C. J. CHAPPELL, Secretary to the Authority


GOVERNMENT GAZETTE ADVERTISEMENT RATES

To apply from 1 July 2004

$ Agents, Ceasing to Act as.................................................... 35.50Associations: Incorporation ................................................................... 18.10 Intention of Incorporation ................................................ 44.75 Transfer of Properties ...................................................... 44.75Attorney, Appointment of.................................................... 35.50Bailiff’s Sale........................................................................ 44.75Cemetery Curator Appointed............................................... 26.50Companies: Alteration to Constitution ................................................ 35.50 Capital, Increase or Decrease of ...................................... 44.75 Ceasing to Carry on Business .......................................... 26.50 Declaration of Dividend................................................... 26.50 Incorporation ................................................................... 35.50 Lost Share Certificates: First Name.................................................................... 26.50 Each Subsequent Name................................................ 9.10 Meeting Final................................................................... 29.75 Meeting Final Regarding Liquidator’s Report on Conduct of Winding Up (equivalent to ‘Final Meeting’) First Name.................................................................... 35.50 Each Subsequent Name................................................ 9.10 Notices: Call............................................................................... 44.75 Change of Name .......................................................... 18.10 Creditors....................................................................... 35.50 Creditors Compromise of Arrangement ....................... 35.50 Creditors (extraordinary resolution that ‘the Com-

pany be wound up voluntarily and that a liquidator be appointed’)........................................................... 44.75

Release of Liquidator⎯Application⎯Large Ad.......... 70.50⎯Release Granted ..................... 44.75

Receiver and Manager Appointed................................ 41.25 Receiver and Manager Ceasing to Act ......................... 35.50 Restored Name............................................................. 33.50 Petition to Supreme Court for Winding Up.................. 62.00 Summons in Action...................................................... 53.00 Order of Supreme Court for Winding Up Action......... 35.50 Register of Interests⎯Section 84 (1) Exempt .............. 80.00 Removal of Office........................................................ 18.10 Proof of Debts .............................................................. 35.50 Sales of Shares and Forfeiture...................................... 35.50Estates: Assigned .......................................................................... 26.50 Deceased Persons⎯Notice to Creditors, etc.................... 44.75 Each Subsequent Name................................................ 9.10 Deceased Persons⎯Closed Estates.................................. 26.50 Each Subsequent Estate................................................ 1.15 Probate, Selling of ........................................................... 35.50 Public Trustee, each Estate .............................................. 9.10

$ Firms: Ceasing to Carry on Business (each insertion)................. 23.60 Discontinuance Place of Business ................................... 23.60Land⎯Real Property Act: Intention to Sell, Notice of............................................... 44.75 Lost Certificate of Title Notices ...................................... 44.75 Cancellation, Notice of (Strata Plan) ............................... 44.75Mortgages: Caveat Lodgment............................................................. 18.10 Discharge of..................................................................... 19.00 Foreclosures..................................................................... 18.10 Transfer of ....................................................................... 18.10 Sublet............................................................................... 9.10Leases⎯Application for Transfer (2 insertions) each ......... 9.10Lost Treasury Receipts (3 insertions) each.......................... 26.50Licensing ............................................................................. 53.00Municipal or District Councils: Annual Financial Statement⎯Forms 1 and 2 .................. 499.00 Electricity Supply⎯Forms 19 and 20.............................. 354.00 Default in Payment of Rates: First Name ................................................................... 70.50 Each Subsequent Name................................................ 9.10Noxious Trade..................................................................... 26.50Partnership, Dissolution of .................................................. 26.50Petitions (small)................................................................... 18.10Registered Building Societies (from Registrar- General) ........................................................................... 18.10Register of Unclaimed Moneys⎯First Name...................... 26.50 Each Subsequent Name ................................................... 9.10Registers of Members⎯Three pages and over: Rate per page (in 8pt) ...................................................... 226.00 Rate per page (in 6pt) ...................................................... 299.00Sale of Land by Public Auction........................................... 45.25Advertisements.................................................................... 2.50 Advertisements, other than those listed are charged at $2.50 per column line, tabular one-third extra. Notices by Colleges, Universities, Corporations and District Councils to be charged at $2.50 per line. Where the notice inserted varies significantly in length from that which is usually published a charge of $2.50 per column line will be applied in lieu of advertisement rates listed. South Australian Government publications are sold on the condition that they will not be reproduced without prior permission from the Government Printer.

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GOVERNMENT GAZETTE NOTICES

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MISCELLANEOUS LEGISLATION AND GOVERNMENT PUBLICATIONS PRICES AS FROM 1 JULY 2004

Acts, Bills, Rules, Parliamentary Papers and Regulations

Pages Main Amends Pages Main Amends

1-16 2.15 0.95 497-512 30.25 29.00 17-32 2.90 1.80 513-528 31.25 29.90 33-48 3.80 2.70 529-544 32.00 31.00 49-64 4.75 3.65 545-560 33.00 32.00 65-80 5.60 4.60 561-576 33.75 33.00 81-96 6.50 5.40 577-592 34.75 33.50

97-112 7.40 6.30 593-608 35.75 34.50 113-128 8.30 7.25 609-624 36.50 35.50 129-144 9.35 8.25 625-640 37.25 36.10 145-160 10.20 9.10 641-656 38.25 37.20 161-176 11.20 10.00 657-672 38.75 38.00 177-192 12.00 11.00 673-688 40.50 38.80 193-208 13.00 11.90 689-704 41.25 39.90 209-224 13.80 12.70 705-720 41.75 41.00 225-240 14.70 13.60 721-736 43.50 41.50 241-257 15.70 14.30 737-752 44.00 42.90 258-272 16.60 15.30 753-768 45.00 43.40 273-288 17.50 16.40 769-784 45.50 44.70 289-304 18.30 17.20 785-800 46.50 45.60 305-320 19.30 18.20 801-816 47.25 46.00 321-336 20.10 19.00 817-832 48.25 47.25 337-352 21.20 20.00 833-848 49.25 48.00 353-368 22.00 21.00 849-864 50.00 48.80 369-384 22.90 21.90 865-880 51.00 50.00 385-400 23.80 22.70 881-896 51.50 50.50 401-416 23.70 23.50 897-912 53.00 51.50 417-432 25.75 24.50 913-928 53.50 53.00 433-448 26.60 25.50 929-944 54.50 53.50 449-464 27.50 26.25 945-960 55.50 54.00 465-480 28.00 27.25 961-976 56.50 55.00 481-496 29.25 28.00 977-992 57.50 56.00

Legislation—Acts, Regulations, etc: $ Subscriptions: Acts ........................................................................................................................................................................................ 187.00 All Bills as Laid ..................................................................................................................................................................... 447.00 Rules and Regulations............................................................................................................................................................ 447.00 Parliamentary Papers.............................................................................................................................................................. 447.00 Bound Acts ............................................................................................................................................................................ 207.00 Index ...................................................................................................................................................................................... 103.00 Government Gazette Copy....................................................................................................................................................................................... 4.85 Subscription ........................................................................................................................................................................... 247.00 Hansard Copy .......................................................................................................................................................................................... 13.50 Subscription—per session (issued weekly) ................................................................................................................................ 388.00 Cloth bound—per volume.......................................................................................................................................................... 167.00 Subscription—per session (issued daily) ................................................................................................................................... 388.00 Legislation on Disk Whole Database ..................................................................................................................................................................... 2 868.00 Annual Subscription for fortnightly updates .......................................................................................................................... 881.00 Individual Act(s) including updates ....................................................................................................................................... POA Compendium Subscriptions: New Subs ............................................................................................................................................................................... 1 700.00 Updates .................................................................................................................................................................................. 600.00

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All Legislation, Government Gazette, Hansard and Legislation on disk are available from: Counter Sales Service SA, Government Legislation+ Outlet and Mail Orders: Lands Titles Office, 101 Grenfell Street, Adelaide Phone: 13 23 24 (local call cost), Fax: (08) 8204 1909 Postal: G.P.O. Box 1707, Adelaide, S.A. 5001 Online Shop: www.shop.service.sa.gov.au Subscriptions and Government Publishing SA Standing Orders: Box 9, Plaza Level, Riverside Centre, North Terrace, Adelaide, S.A. 5000 Phone: (08) 8207 0908, (08) 8207 0910, Fax: (08) 8207 1040


BOXING AND MARTIAL ARTS ACT 2000

Rules of Eskrima TAKE notice that pursuant to section 10 of the Boxing and Martial Arts Act 2000, Michael John Wright, Minister for Recreation, Sport and Racing and the Minister of the Crown to whom the administration of the Boxing and Martial Arts Act 2000 is committed, has approved the rules applicable to the conduct of Eskrima Tournament events to commence operation on 10 August 2004. The rules of Eskrima events are set out below: World Eskrima Kali Arnis Federation (WEKAF) Rules and Regulations Governing Tournament

Competition—Version 1.0 Published by the World Eskrima Kali Arnis Federation 2002 Dated 10 August 2004.

M. J. WRIGHT, Minister for Recreation, Sport and Racing

CONTROLLED SUBSTANCES ACT 1984

Revocation TAKE notice that on 18 August 2004, the Minister for Health issued an order, pursuant to section 57 (2) of the Controlled Substances Act 1984, in respect of Jeffry Martin, 37 Tasman Avenue, Flinders Park, S.A. 5025, that revokes a previous order dated 1 March 2004 served on Jeffry Martin. K. EVANS, Operating under delegated

authority, pursuant to the Controlled Substances Act 1984, acting for and on behalf of the Minister for Health.

DEVELOPMENT ACT 1993, SECTION 25 (17): WATTLE

RANGE COUNCIL—BEACHPORT (DC), MILLICENT (DC) AND PENOLA (DC) DEVELOPMENT PLANS—CONSOLIDATION PLAN AMENDMENT

Preamble 1. The Development Plan amendment entitled ‘Wattle Range Council—Beachport (DC), Millicent (DC) and Penola (DC) Development Plans—Consolidation’ (the Plan Amendment) has been finalised in accordance with the provisions of the Development Act 1993. 2. The Minister for Urban Development and Planning has decided to approve the Plan Amendment.

NOTICE PURSUANT to section 25 of the Development Act 1993, I— (a) approve the Plan Amendment; and (b) fix the day on which this notice is published in the

Gazette as the day on which the Plan Amendment will come into operation.

Dated 26 August 2004. TRISH WHITE, Minister for Urban Development

and Planning PLN 01/0134

DEVELOPMENT ACT 1993, SECTION 48: DECISION BY

THE DEVELOPMENT ASSESSMENT COMMISSION AS DELEGATE OF THE GOVERNOR

Preamble 1. The decision of the Governor under section 48 of the Development Act 1993, to approve the development of Holdfast Shores Stage 2B development located adjacent to Colley Terrace, Glenelg was published in the Gazette on 19 February 2004. 2. On 3 October 1997, and pursuant to section 48 of the Development Act 1993, the Governor granted development approval for the new marina, marina pier building platform, offshore reef structure for sand trapping and other works in the area of the Glenelg Foreshore and Environs. The development was subject to an Environmental Impact Statement and Assessment Report, pursuant to section 46 and 46B of the Development Act 1993 (and as officially recognised under the Planning Act 1982).

3. On 8 June 2000 and pursuant to section 48 of the Development Act 1993, the Governor granted a development approval for the Holdfast Shores 2A development, comprising a hotel, car parking, landscaping and associated works, adjacent to Chappell Drive, Glenelg. The development was subject to a Development Report and an Assessment Report, pursuant to section 46 of the Development Act 1993. Amendments to the Holdfast Shores Stage 2A proposal relating primarily to design, car parking, land division and signage issues, were subsequently granted approval by the Development Assessment Commission (as the Governor’s delegate) on 7 December 2000; 1 March 2001; 17 May 2001; 28 February 2002; 3 October 2002; 20 March 2003 and 4 March 2004. 4. A proposal for the development of the Holdfast Shores 2B proposal at Glenelg, comprising the construction of the Glenelg Surf Life Saving Club, demolition of the existing GSLSC building and the Magic Mountain building; and the construction of a rock sea wall, an apartment building, and an entertainment and retail precinct, has been considered under Division 2, Part 4 of the Development Act 1993. 5. Application was made to the Governor under section 48 of the Development Act, for a development authorisation for the proposed Holdfast Shores Stage 2B development at Glenelg. The development application, as it relates to the Holdfast Shores Stage 2B development was amended and expanded upon by the amended Development Report, dated 18 September 2003, the Applicant’s Response to submissions, dated 17 December 2003 and the following updated documents and drawings: Documents: • Letter from Woodhead International to Planning SA titled

Early Works Package 2B Building Rules Certification, dated 15 July 2004.

• Letter from Woodhead International to Planning SA titled Packages 1 and 2A Building Rules Certification, dated 21 June 2004.

• The letter from Woodhead International to Planning SA titled Further Information and Clarification, dated 22 January 2004 and accompanying documents.

Drawings: • Drawing Titled: ‘Car park ventilation supplementary plan’;

Drawing Number: 155. • Drawing Titled: ‘Civil stormwater supplementary plan’;

Drawing Number: 156. • Drawing Titled: ‘Civil stormwater supplementary plan’;

Drawing Number: 157. • Drawing Titled: ‘Oil pipeline supplementary plan’;

Drawing Number: 158. 6. The Governor was satisfied that an appropriate Amended Development Report and an Amended Assessment Report have been prepared in relation to the development, in accordance with the requirements of Division 2 of Part 4 of the Development Act 1993. 7. The Governor had, in considering the application, regard to all relevant matters under section 48 (5) of the Development Act 1993. 8. Pursuant to section 48 of the Development Act 1993 and Regulation 64 (1) of the Development Regulations 1993, the Governor has the right to reserve matters for further decision-making. The Governor decided to grant a provisional development authorisation, with a view to certain matters being considered for further decision-making. 9. Application has now been made to the Development Assessment Commission as delegate of the Governor under section 48 of the Development Act 1993 to give an approval for the Building Rules Certification for Package 2B Early Works. 10. The amendments to the development are contained in a letter received from Woodhead International of 15 July 2004 and accompanying Building Rules documentation from Katnich Dodd. This letter contains the signed approval by Katnich Dodd of the Building Rules Certification for the Early Works Package 2B. 11. The Development Assessment Commission has, in considering the application, had regard to all relevant matters under section 48 (5) of the Development Act 1993.


12. The Development Assessment Commission is satisfied that the amendments do not require the preparation of a further or amended Development Report. Decision PURSUANT to section 48 of the Development Act 1993, the Development Assessment Commission, as delegate of the Governor in relation to a proposal submitted by Holdfast Shores Consortium to develop the Holdfast Shores Stage 2B at Glenelg: (a) grant provisional development authorisation for the

Holdfast Shores Stage 2B development at Glenelg, subject to the conditions and notes to the applicant below;

(b) grant development authorisation for Building Rules Certification for the demolition of Magic Mountain and the use of the Police Station building by the Glenelg Surf Life Saving Club.

(c) grant development authorisation for Building Rules Certification for Early Works Package 2B of the development. These apply to bulk excavation, piling, footings, retaining walls, storm water disposal system, rock seawall extension, base for site paving, car park entry and Hope Street entry, oil pipeline diversion around the basement car park and site utilities infrastructure.

(d) specify all matters relating to this development plan authorisation as matters in respect of which conditions of this authorisation may be varied or revoked, or new conditions attached;

(e) pursuant to section 48 and Regulation 64 (1) of the Development Act 1993, reserve the following matters for further decision-making at a later stage (refer ‘notes to the applicant’):

(a) further assessment and certification in respect of the Building Rules, in relation to the:

• Superstructure for the Apartment Building (and/or components of the Apartment Building), inclu-ding related works.

• Superstructure for the Entertainment and Retail Building (and/or components of the Entertainment and Retail Building), including related works.

(b) Redesign of the roofline to reduce the perceived building height from adjacent public spaces (in consultation with Planning SA).

(c) Redesign of the building frontages facing Moseley Square (including balconies) to ensure an appropriate relationship with the adjacent Glenelg Town Hall (in consultation with Planning SA and the Heritage Branch of the Department for Environment and Heritage).

(d) any external advertising signage (e) Approve the land division application 110/D012/04,

lodged on 4 February 2004. Conditions of Approval 1. Except where minor amendments may be required by other Acts and/or legislation or by conditions imposed herein, the Holdfast Shores 2B development shall be undertaken in strict accordance with: (a) The following drawings contained in the Amended

Development Report for Holdfast Shores Stage 2B, dated September 2003, except to the extent that they are varied by the plans described in paragraph 1 (b):

• Drawing Titled: ‘Site plan Level B2’; Drawing Number: 111.

• Drawing Titled: ‘Site plan Level 1’; Drawing Number: 112.

• Drawing Titled: ‘Site plan Level 2’; Drawing Number: 113.

• Drawing Titled: ‘Entertainment building basement’; Drawing Number: 114.

• Drawing Titled: ‘Entertainment building Level 1’; Drawing Number: 115.

• Drawing Titled: ‘Entertainment building Level 2’; Drawing Number: 116.

• Drawing Titled: ‘Entertainment building Levels 3 and 4’; Drawing Number: 117.

• Drawing Titled: ‘Entertainment building elevations’; Drawing Number: 118.

• Drawing Titled: ‘Entertainment building elevations’; Drawing Number: 119.

• Drawing Titled: ‘Entertainment building sections’; Drawing Number: 120.

• Drawing Titled: ‘Apartment Plans B2, B1’; Drawing Number: 121.

• Drawing Titled: ‘Apartment Plans L1, L2, L3-4, L5’; Drawing Number: 122.

• Drawing Titled: ‘Apartment Plans L6-8, L9, roof plan’; Drawing Number: 123.

• Drawing Titled: ‘ Apartment elevations—north and east’; Drawing Number: 124.

• Drawing Titled: ‘Apartment elevations—west and south’; Drawing Titled: 125.

• Drawing Titled: ‘Apartment Sections’; Drawing Number: 126.

• Drawing Titled: ‘Land Use’; Drawing Number: 127. • Drawing Titled: ‘Built form’; Drawing Number:

128. • Drawing Titled: ‘Urban Spaces’; Drawing Number:

129. • Drawing Titled: ‘Open space/vegetation’; Drawing

Number: 130. • Drawing Titled: ‘View Corridor’; Drawing Number:

131. • Drawing Titled: ‘Climate’; Drawing Number: 132. • Drawing Titled: ‘Microclimate’; Drawing Number:

133. • Drawing Titled: ‘Links to surrounding areas’;

Drawing Number: 134. • Drawing Titled: ‘Pedestrian Movement’; Drawing

Number: 135. • Drawing Titled: ‘Vehicle Movement’; Drawing

Number: 136. • Drawing Titled: ‘Concourse study pedestrian move-

ment’; Drawing Number: 137. • Drawing Titled: ‘Concourse study vehicle

movement’; Drawing Number: 138. • Drawing Titled: ‘Moseley Square study’; Drawing

Number: 139. • Drawing Titled: ‘Town Hall opportunities’;

Drawing Number: 140. • Drawing Titled: ‘Foreshore open space study’;

Drawing Number: 141. • Drawing Titled: ‘Apartment building study’; Plan

Number: 142. • Drawing Titled: ‘Entertainment precinct east plaza

study’; Drawing Number: 143. • Drawing Titled: ‘Sun diagrams summer’; Drawing

Number: 144. • Drawing Titled: ‘sun diagrams winter’; Drawing

Number: 145. • Drawing Titled: ‘Landscaping’; Drawing Number:

146. • Drawing Titled: ‘Construction Stage 1’; Drawing

Number: 147. • Drawing Titled: ‘Construction Stage 2’; Drawing

Number: 148.


• Drawing Titled: ‘Construction Stage 3’; Drawing

Number: 149. • Drawing Titled: ‘Construction Stage 4’; Drawing

Number: 150. (b) the following drawings accompanying the Response by

Proponent to submissions, 3. City of Holdfast Bay Submission, dated 17 December 2003 as they relate to the proposal for Holdfast Shores Stage 2B, except to the extent that they are varied by the plans as described in paragraph (c):

• Drawing Titled: ‘Sun diagrams summer’; Drawing Number: 144 rev. A.

• Drawing Titled: ‘Sun diagrams winter’; Drawing Number: 145 rev. A.

• Drawing Titled: ‘Entertainment building basement supplementary plan’; Drawing Number: 151 rev. A.

• Drawing Titled: ‘Entertainment building level 1 supplementary plan’; Drawing Number: 152 rev. A.

• Drawing Titled: ‘Entertainment building level 2 supplementary plan’; Drawing Number: 153 rev. A.

• Drawing Titled: ‘Entertainment building levels 3 and 4 supplementary plan’; Drawing Number: 154

• Drawing Titled: ‘Entertainment building levels 3 and 4 supplementary plan’; Drawing Number: 154 rev. A

(c) the following drawings accompanying the Further Information and Clarification letter dated 22 January 2004 as they relate to the proposal for Holdfast Shores Stage 2B:

• Drawing Titled: ‘Car park ventilation supplementary plan’; Drawing Number: 155.

• Drawing Titled: ‘Civil stormwater supplementary plan’; Drawing Number: 156.

• Drawing Titled: ‘Civil stormwater supplementary plan’ Drawing Number: 157.

• Drawing Titled: ‘Oil pipeline supplementary plan’; Drawing Number: 158.

(d) The land division plan lodged with the Development Assessment Commission on 4 February 2004: Applica-tion number 110/D012/04.

(e) the following documents, except to the extent that they are varied by the plans described in paragraphs (a) and (c):

• Amended Development Report for Stage 2B, Volumes 1 and 2 by the Holdfast Shores Consort-ium, dated 18 September 2003 (except to the extent that it may be varied by a subsequent document in this paragraph).

• The letter from Woodhead International to Planning SA titled Response by proponent to submissions, 3. City of Holdfast Bay Submission, dated 17 December 2003 (except to the extent that it may be varied by a subsequent document in this paragraph).

• The Amended Assessment Report prepared by the Minister for Aboriginal Affairs and Reconciliation (as delegate Minister for the Minister for Urban Development and Planning), for the Holdfast Shores 2B development, dated February 2004 (except to the extent that it may be varied by a subsequent document in this paragraph).

• The letter from Woodhead International to Planning SA, titled Further Information and Clarification, dated 22 January 2004.

• The letter from Woodhead International to Planning SA, titled Packages 1 and 2A Building Rules Certification, dated 21 June 2004.

• The Letter from Woodhead International to Planning SA, titled Early Works Package 2B Building Rules Certification, dated 15 July 2004.

2. A Construction Environmental Management Plan (CEMP) shall be prepared, in consultation with the Environment Protection Authority, Coast Protection Board and the City of Holdfast Bay, to address the management issues during construction. Matters to be addressed in the CEMP must include: • Traffic management during construction, including

transport beyond the site; • Control and management of construction noise; • Dust and mud control; • Working hours; • Stormwater and groundwater management during

construction; • Site security and fencing; • Disposal of building waste and refuse; • Protection and cleaning of roads and pathways; • Site clean up; • Adherence to all relevant Environment Protection authority

policies and codes of practice for construction sites; • Identification and management of potential and actual acid

sulphate soils (should these be encountered); and • Identification and management of contaminated soils and

groundwater (should these be encountered). 3. The applicant shall submit further information and application(s) in relation to the matters that have been reserved for further decision-making by the Governor (or her delegate). 4. No building works shall commence on subsequent stages of the development until a decision has been made by the Governor (or her delegate), involving matters relating to the Building Rules assessment and certification requirements and any other reserved matters that are subject to further development application. 5. No works shall commence unless, and until, legal rights to develop the Magic Mountain site have been secured. 6. The car parking areas shall be designed in accordance with Australian Standards 2890 1-1993 and line markings shall be maintained in good and substantial condition at all times. 7. Access for service deliveries and waste disposal vehicles at the Holdfast Promenade shall only be allowed between 7 a.m. and 10 a.m. daily. 8. Stormwater from the Holdfast Shores Stage 2B site shall not be disposed of by way of a pipe or similar structure that conveys the stormwater to the beach. 9. Site works, construction work and truck movements to and from the site shall only be carried out between 7 a.m. and 6 p.m., Monday to Saturday, inclusive. 10. Pedestrian access ways, from Moseley Square to the entertainment plaza and from Hope Street through the ‘air lock’, shall remain open to the public at all times. 11. Landscaping shall be provided in accordance with the authorised plans and shall be maintained and nurtured, with any diseased or dying plants being replaced. 12. The waste storage and service area at the rear of the buildings shall be kept in a neat, tidy and healthy condition at all times and the service area access door shall remain closed at all times, other than when loading or unloading is taking place. 13. Machinery, plant operating equipment, lighting or sound devices shall not impair or impinge upon the enjoyment of adjoining properties or occupiers thereof. 14. All drainage, finished floor levels, and public works associated with the development, including the disposal of stormwater, shall be carried out in accordance with accepted engineering standards and to the reasonable satisfaction of the City of Holdfast Bay. 15. The period of time for which the building (the Police Station building) shall be used as a clubroom shall be 18 months from the date of Development Authorisation after which period the building shall be vacated.


16. The clubrooms (in the Police Station building) will not be used as a nightclub or discotheque or the like. 17. The door to the accessible male toilet (in the Police Station building) shall be handed to provide latch side clearance in accordance with Fig 12 of AS1428.1. BCA-Part D3.2 Notes on Building Rules Certification (for demolition of Magic Mountain and use of the Police Station Building by GSLSC). The Early Fire Hazard Indices of wall, floor and ceiling linings, and air-handling ductwork shall comply with Clause C1.10 of the BCA. SCHEDULE OF ESSENTIAL SAFETY PROVISIONS: Regul-ation 76 requires that the relevant authority on granting provisional rules consent, issue a schedule that specifies the essential safety provisions for the building and the standards or requirements for the maintenance and testing in respect of each of those essential safety provisions set out in Minister’s Specification SA 76. Pursuant to section 53A Development Act 1993 the relevant authority must form an opinion as to whether the existing building is unsafe or structurally unsound. It is considered that although there are/may be items or matters that are not in strict conformity with the Building Rules, or other matters of non-compliance that can not be identified from the information supplied by the applicant, that the proposed upgrading measures will render the building safe. Wet areas details including floor grades, set-downs and impervious surfaces shall comply with Minister’s specification SA F1.7; including provision of drainage flanges. Existing glass in doors, side panels and other human impact areas shall be assessed by the glazier for compliance with Section 5 of AS 1288-1994 Glass in Buildings. The applicant is advised that to comply with the Occupational Health, Safety and Welfare Act 1986 any glass that does not meet current requirements should be replaced. Important: The Building Rules Certification does not imply compliance with the Occupational Health, Safety and Welfare Act the (State) Equal Opportunity Act 1984, or with the Common-wealth Disability Discrimination Act as amended or any of the regulations under those Acts. It is the responsibility of the owner and the person erecting the building to ensure compliance with same. Notes to Applicant • A decision on the reserved matters relating to Building

Rules assessment and certification requirements for further stages will only be made by the Governor (or her delegate) after a Building Rules assessment and certification has been undertaken and issued by the City of Holdfast Bay, or a private certifier, as required by the Development Act 1993, and after the Minister for Urban Development and Planning receives a copy of all relevant certification documentation, as outlined in Regulation 64 of the Development Regulations 1993.

• If the Building Rules assessment process demonstrates that the Holdfast Shores Stage 2B development complies with the Building Rules pursuant to the Development Act 1993 and Development Regulations 1993, the City of Holdfast Bay, or private certifier conducting the Building Rules assessment, must:

(a) provide to the Minister the certification in the form set out in Schedule 12A of the Development Regulations 1993; and

(b) to the extent that may be relevant and appropriate: (i) issue a schedule of essential safety provisions

under Division 4 of Part 12; and (ii) assign a classification of the building under

these regulations; and (iii) ensure that the appropriate levy has been paid

under the Construction Industry Training Fund 1993.

Regulation 64 of the Development Regulations 1993 provides further information about the type and quantity of all building certification documentation required for referral to the Minister. • The City of Holdfast Bay, or private certifier undertaking

the Building Rules assessment and certification for the Holdfast Shores Stage 2B development, must ensure that any assessment and certification is consistent with this provisional development authorisation (including any conditions or notes that apply in relation to this provisional development authorisation).

• Should the applicant wish to vary the application or the staging of any reserved matters, as outlined in this provisional development authorisation, a variation to the application may be submitted, pursuant to section 48B of the Development Act 1993, provided that the development application variation remains within the ambit of the Amended Development Report and Amendment Assess-ment Report referred to in this provisional development authorisation.

• The applicant is advised of the requirement to comply with the Environment Protection Authority’s (EPA) ‘Stormwater Pollution Prevention Code of Practice for the Building and Construction Industry’ during demolition and construction of the development.

• Noise emissions from the Holdfast Shores Stage 2B deve-lopment will be subject to the Environment Protection (Industrial Noise) Policy 1994 and the Environment Protection Authority (EPA) Guidelines and the Environ-ment Protection Act 1993.

• Prior to any construction, the applicant should consult with Adelaide Airport Ltd, about crane operations.

• The Heritage Branch of the Department for Environment and Heritage, should be consulted if there is to be any physical intervention to the structures on the adjacent State Heritage place (Glenelg Town Hall). Any such work must be executed in accordance with advice arising from such consultation.

• The proponent is reminded of the General Environmental Duty under section 25 of the Environment Protection Act 1993, which requires that a person must not undertake any activity, which pollutes, or may pollute, without taking all reasonable and practical measures to prevent or minimise harm to the environment.

• If the Holdfast Shores 2B development is not substantially commenced within two years of the date of any reserved matter decisions, the Governor (or her delegate) may cancel this provisional development authorisation and any subsequent decisions on reserved matters (where relevant).

• The Minister has a specific power to require testing, monitoring and auditing under section 48 (c) of the Development Act 1993.

Dated 26 August 2004. H. RANNAMAE, Acting Secretary, Development

Assessment Commission


HOUSING IMPROVEMENT ACT 1940

WHEREAS by notice published in the Government Gazette on the dates mentioned in the following table the South Australian Housing Trust did declare the houses described in the said table to be substandard for the purposes of Part 7 of the Housing Improvement Act 1940, the South Australian Housing Trust in the exercise of the powers conferred by the said Part, does hereby fix as the maximum rental per week which shall be payable subject to section 55 of the Residential Tenancies Act 1995, in respect of each house described in the following table the amount shown in the said table opposite the description of such house and this notice shall come into force on the date of this publication in the Gazette.

Address of House

Allotment, Section, etc.

Certificate of Title Volume Folio

Date and page of Government Gazette in which notice declaring house to be substandard

published

Maximum rental per week payable in

respect of each house

$ Lot 91 Kadina Road, Alford Allotment 91 in Filed Plan

167830, Hundred of Tickera53165321

148331

27.5.04, page 1372 80.00

Flat 43A Haig Street, Broadview

Allotment 49 in Filed Plan 111757, Hundred of Yatala

5210 159 24.6.04, page 2259 105.00

2 Illogan Street, Burra Allotment 8 in Filed Plan 104095, Hundred of Kooringa

5141 150 24.6.04, page 2259 65.00

47 Devon Street South, Goodwood

Common Property Primary Community Plan 6626, Hundred of Adelaide

5901 259 26.6.86, page 1640 310.00

63 Taylor Street, Kadina Allotment 626 in Filed Plan 197997, Hundred of Wallaroo

5552 377 26.2.04, page 568 95.00

Section 17, Moppa Road, Koonunga (Moppa Road North, Hundred of Belvidere)

Section 17 in the Hundred of Belvidere in the area named Koonunga

5910 629 27.5.04, page 1372 65.00

27 Ellen Street, Nailsworth Allotment 33 in Deposited Plan 614

5159 342 26.5.94, page 1277 5.00 Dated at Adelaide, 26 August 2004. M. DOWNIE, General Manager, Housing Trust

HOUSING IMPROVEMENT ACT 1940 WHEREAS by notice published in the Government Gazette on the dates mentioned in the following table the South Australian Housing Trust did declare the houses described in the said table to be substandard for the purposes of Part 7 of the Housing Improvement Act 1940, and whereas the South Australian Housing Trust is satisfied that each of the houses described hereunder has ceased to be substandard, notice is hereby given that, in exercise of the powers conferred by the said Part, the South Australian Housing Trust does hereby revoke the said declaration in respect of each house.

Address of House

Allotment, Section, etc.

Certificate of Title Volume Folio

Date and page of Government Gazette in which notice declaring house to be substandard

published 129 Mead Street, Peterhead Portion of section 1099 of allotment 77,

Hundred of Port Adelaide 5717 380 17.9.70, page 1279

Caravan with galvanised iron annexe at Section 17, Culgoa Street, Renmark North

Allotment 19 in Deposited Plan 28085, Renmark Irrigation District

5416 822 25.9.97, page 886

13 Twentieth Street, Renmark (Detached timber framed asbestos house)

Allotment 21 of part Block A, Hundred of Renmark

5483 794 28.5.81, page 1563

82 Twentieth Street, Renmark Allotment 127 in Filed Plan 18511, Renmark Irrigation District

5156 856 14.9.89, page 880

34 Sellicks Beach Road, Sellicks Beach, (also known as Lot 30 Sellicks Beach Road)

Allotment 30 in Filed Plan 22936, Hundred of Willunga

5296 540 25.7.96, page 182

Dated at Adelaide, 26 August 2004. M. DOWNIE, General Manager, Housing Trust


HOUSING IMPROVEMENT ACT 1940

NOTICE is hereby given that the South Australian Housing Trust in the exercise of the powers conferred by the Housing Improvement Act 1940, does hereby declare the houses described in the table hereunder to be substandard for the purposes of Part 7 of the Housing Improvement Act 1940.

No. of House and Street Locality Allotment, Section, etc. Certificate of Title Volume Folio

4 Stuart Street Dernancourt Allotment 46 in Deposited Plan 7216, Hundred

of Yatala 5210 690

7 Goldfinch Avenue Cowandilla Allotment 13 in Deposited Plan 2503, Hundred of Adelaide

5258 844

Section 255, Hundred of Minlacowie

Minlaton Section 255, Hundred of Minlacowie in the area named Minlaton

5792 235

10 Kellett Street, Mount Bryan Allotment 9, Town of Mount Bryan, Hundred of Kingston

5372 229

Dated at Adelaide, 26 August 2004. M. DOWNIE, General Manager, Housing Trust

FISHERIES ACT 1982: SECTION 59 TAKE notice that pursuant to section 59 of the Fisheries Act 1982, Terry Scott (the ‘exemption holder’), c/o Post Office, Coffin Bay, S.A. 5607 is exempt from section 34 of the Fisheries Act 1982 and the Scheme of Management (Miscellaneous Fishery) Regulations 1991 but only insofar as he may take sea urchins (Family Echinometridae) for the purposes of trade or business (the ‘exempted activity’), subject to the conditions in Schedule 1, from 24 August 2004 until 31 December 2004, unless varied or revoked earlier.

SCHEDULE 1 1. Fish may be taken from coastal waters of the State including the waters of Coffin Bay. 2. The exemption holder may authorise a person to act on his behalf in conducting the exempted activity (the ‘nominated person’). Before the nominated person undertakes fishing activity pursuant to this notice, the exemption holder must contact PIRSA Fishwatch on 1800 065 522 and provide the following informa-tion: • the full name of the nominated person; and • the residential address of the nominated person. 3. The nominated person may undertake fishing activity pursuant to this exemption for a maximum of 21 days within the period 24 August 2004 to 31 December 2004. 4. The exemption holder or the nominated person must be present at all times during which fishing activity is undertaken pursuant to this exemption. 5. The exemption holder (or the nominated person) may have two other persons assisting them at any one time whilst undertaking the exempted activity. The persons assisting the exemption holder must, at all times whilst conducting the exempted activity, remain within 50 m of the exemption holder. 6. Sea urchins may only be taken by hand. 7. The exemption holder must provide the Director of Fisheries with statistical catch and effort information (including zero returns if no fishing operations have been conducted), in the form of a daily log, within 15 days of the completion of each calendar month. 8. At least one hour prior to conducting the exempted activity, the exemption holder must contact the PIRSA Fisheries Compliance Unit on 1800 065 522 and answer a series of questions about the exempted activity. They will need to have a copy of their exemption with them at the time of making the call, and be able to provide information about the area and time of the exempted activity, the vehicles and/or boats involved, the number of agents undertaking the exempted activity and other related issues. 9. The exemption holder or nominated person must allow a PIRSA Fisheries departmental officer to accompany them at any time whilst conducting the exempted activity.

10. The exemption holder or their assistants must not conduct any other fishing activity whilst undertaking the exempted activity. 11. While engaged in the exempted activity the exemption holder (or the nominated person) must carry or have about or near their person a copy of this notice. Such notice must be produced to a PIRSA Fisheries Officer upon request. 12. The exemption holder must not contravene or fail to comply with the Fisheries Act 1982, or any regulations made under that Act, except where specifically exempted by this notice. Dated 24 August 2004.

J. PRESSER, Principal Fisheries Manager

LIQUOR LICENSING ACT 1997

Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that John William and Keryn Lee Gorman have applied to the Licensing Authority for a Producer’s Licence in respect of premises situated at section 456 Murrayview Road, Waikerie, S.A. 5330 and to be known as J. W. & K. L. Gorman. The application has been set down for hearing on 24 September 2004 at 9 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicants at the applicants’ address given above, at least seven days before the hearing date (viz: 16 September 2004). The applicants’ address for service is c/o Stuart Andrew, 11 Ahern Street, Berri, S.A. 5343. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 19 August 2004.

Applicants


Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Gerald Patrick and Janne Therese Coughlin have applied to the Licensing Authority for a Producer’s Licence in respect of premises situated at Lot 4, Blacktop Road, One Tree Hill, S.A. 5114. The application has been set down for hearing on 24 September 2004 at 9 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and


serving a copy of the notice on the applicants at the applicants’ address given above, at least seven days before the hearing date (viz: 16 September 2004). The applicants’ address for service is c/o Janne Coughlin, Lot 4 Blacktop Road, One Tree Hill, S.A. 5114. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 17 August 2004.

Applicants


Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Rusden Wines Pty Ltd, as trustee for the Canute Family Trust, has applied to the Licensing Authority for the transfer of a Producer’s Licence in respect of the premises situated at Magnolia Road, Tanunda, S.A. 5352 and known as Rusden Wines. The application has been set down for hearing on 28 September 2004 at 10 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the hearing date (viz: 20 September 2004). The applicant’s address for service is c/o Dennis Canute, P.O. Box 257, Tanunda, S.A. 5352. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 20 August 2004.

Applicant


Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that G. M. and F. J. Hardy, R. D. and P. E. Oakeshott, V. M. and C. C. Winnall, J. P. and E. G. Pargeter, J. A. and J. Younger, G. J. Mansell, V. M. and B. J. Riggs, R. J. Dennis, Vintech Pty Ltd, Collett Nominees Pty Ltd, Collett Vineyards Pty Ltd, Havel Pty Ltd, Morrabbin Nominees Pty Ltd, Oakeshott Family Investments Pty Ltd, Christmas Hill Pty Ltd, Ryde Properties Pty Ltd, Doomy Bess Pty Ltd and Eakay Pty Ltd have applied to the Licensing Authority for the transfer of a Producer’s Licence in respect of premises situated at Wellington Road, Langhorne Creek, S.A. 5255 and known as Angas Vineyards. The application has been set down for hearing on 29 September 2004 at 9.30 a.m.. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicants at the applicants’ address given above, at least seven days before the hearing date (viz: 21 September 2004). The applicants’ address for service is c/o Wallmans Lawyers, 173 Wakefield Street, Adelaide, S.A. 5000, contact Peter Hoban or Ben Allen. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 23 August 2004.

Applicants

LIQUOR LICENSING ACT 1997 Notice of Application

NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that John and Rose Caporaso have applied to the Licensing Authority for a Retail Liquor Merchant’s Licence in respect of premises situated at 625-627 Lower North East Road, Campbelltown, S.A. 5074 and to be known as Imma and Mario’s Continental. The application has been set down for hearing on 24 September 2004 at 9 a.m.

Conditions The following licence condition is sought: The Sale of Products will be restricted to the following: Imported Italian Liqueurs, Italian Aperitifs and Italian

Wines. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicants at the applicants’ address given above, at least seven days before the hearing date (viz: 16 September 2004). The applicants’ address for service is c/o John Caporaso, 625-627 Lower North East Road, Campbelltown, S.A. 5074. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 23 August 2004.

Applicants


Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Gael Ann and Garry William Lovering have applied to the Licensing Authority for a Producer’s Licence in respect of premises situated at Section 176 Hundred of Haines, Kangaroo Island, S.A. 5223 and known as Lovering Vineyard. The application has been set down for hearing on 24 September 2004 at 9 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicants at the applicants’ address given above, at least seven days before the hearing date (viz: 16 September 2004). The applicants’ address for service is Hume Taylor & Co., c/o Brendan Bowler, 84 Flinders Street, Adelaide, S.A. 5000. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 18 August 2004.

Applicants


Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Steven and Mira Milosevic have applied to the Licensing Authority for a Direct Sales Licence in respect of premises situated at 14 Barham Street, Allenby Gardens, S.A. 5009 and known as Belriva Imports. The application has been set down for hearing on 24 September 2004 at 9 a.m.


Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicants at the applicants’ address given above, at least seven days before the hearing date (viz: 16 September 2004). The applicants’ address for service is c/o Steven Milosevic, 14 Barham Street, Allenby Gardens, S.A. 5009. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 17 August 2004.

Applicants


Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Cellar Force Pty Ltd has applied to the Licensing Authority for a Direct Sales Licence in respect of premises situated at 26 Howard Street, Beulah Park, S.A. 5067 and to be known as Cellar Force. The application has been set down for hearing on 24 September 2004 at 9 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the hearing date (viz: 16 September 2004). The applicant’s address for service is c/o Thomson Playford, 101 Pirie Street, Adelaide, S.A. 5000 (Attention: Scott Lumsden). Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 19 August 2004.

Applicant


Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Oyster Bay Wines Australia Pty Ltd has applied to the Licensing Authority for a Wholesale Liquor Merchant’s Licence in respect of premises situated at Office 7, Unit 4, 348 Richmond Road, Netley, S.A. 5037. The application has been set down for hearing on 24 September 2004 at 9 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the hearing date (viz: 16 September 2004). The applicant’s address for service is c/o Wallmans Lawyers, 173 Wakefield Street, Adelaide, S.A. 5000 (Contact: Peter Hoban). Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 19 August 2004.

Applicant


NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that S. & A. D. Basheer Nominees Pty Ltd has applied to the Licensing Authority for an Alteration of a Special Circumstances Licence in respect of premises situated at 129 North Terrace, Adelaide, S.A. 5000 and known as Strathmore Hotel. The application has been set down for hearing on 24 September 2004 at 9 a.m.

Conditions The following licence conditions are sought: • To make alterations to the licence to include a courtyard

area at rear of premises and to include a private function room on the first floor.

• The applicant seeks the existing Extended Trading Authorisation to apply to the proposed area as per plans lodged with this office.

• Entertainment consent is not sought for the proposed courtyard area.

Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the hearing date (viz: 16 September 2004). The applicant’s address for service is c/o David Basheer, 129 North Terrace, Adelaide, S.A. 5000. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 19 August 2004.

Applicant


Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Haselgrove Wines Pty Ltd has applied to the Licensing Authority for a Producer’s Licence in respect of premises situated at 150 Main Road, McLaren Vale, S.A. 5171 and known as Haselgrove Wines. The application has been set down for hearing on 24 September 2004 at 9 a.m.

Condition The following licence condition is sought: • Hours of trading for the sampling area are 8.30 a.m. to

5.30 p.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the hearing date (viz: 16 September 2004). The applicant’s address for service is c/o Kelly & Co., G.P.O. Box 286, Adelaide, S.A. 5001. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 20 August 2004.

Applicant



Notice of Application NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Jane Marion McPherson has applied to the Licensing Authority for the transfer of a Restaurant Licence in respect of premises situated at 134 Ellen Street, Port Pirie, S.A. 5540 and known as Family Seafood & Grill. The application has been set down for hearing on 27 September 2004 at 10 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the hearing date (viz: 17 September 2004). The applicant’s address for service is c/o Jane Marion McPherson, 134 Ellen Street, Port Pirie, S.A. 5540. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 18 August 2004.

Applicant


NOTICE is hereby given, pursuant to section 52 (2) (b) of the Liquor Licensing Act 1997, that Mocean Cafe Restaurant Bar Pty Ltd, c/o Wallmans Lawyers has applied to the Licensing Authority for a Restaurant Licence, Extended Trading Authorisation and Entertainment Consent in respect of premises situated at 30 Alfred Terrace, Streaky Bay, S.A. 5680 and to be known as Mocean Cafe Restaurant. The application has been set down for hearing on 24 September 2004 at 9 a.m.

Conditions The following licence conditions are sought: The applicant seeks section 34 (1) (c) authorisation for

consumption on the licensed premises by persons: • seated at a table; or • attending a function at which food is provided. Extended Trading Authorisation to apply to the whole of the

licensed premises including the following times: Friday and Saturday: Midnight to 2 a.m. the following day;

Sunday: 8 a.m. to 11 a.m. and 8 p.m. to Midnight; Christmas Day, Good Friday and Public Holidays: Midnight to 2 a.m. the following day.

Entertainment Consent is sought for whole of the licensed premises and including the abovementioned hours.

Any person may object to the application by lodging a notice of objection in the prescribed form with the Licensing Authority, and serving a copy of the notice on the applicant at the applicant’s address given above, at least seven days before the hearing date (viz: 16 September 2004). The applicant’s address for service is c/o Ben Allen of Wallmans Lawyers, 173 Wakefield Street, Adelaide, S.A. 5000. Plans in respect of the premises the subject of the application are open to public inspection without fee at the Office of the Liquor and Gambling Commissioner, 9th Floor, East Wing, 50 Grenfell Street, Adelaide, S.A. 5000. Phone 8226 8410, Fax: 8226 8512. Email: [email protected]. Dated 17 August 2004.

Applicant


MINING ACT 1971 NOTICE is hereby given in accordance with section 28 (5) of the Mining Act 1971, that the Minister for Mineral Resources Development proposes to grant an Exploration Licence over the undermentioned area: Applicant: Gunson Resources Ltd Location: Coorabie area—Approximately 140 km north-west

of Ceduna. Term: 1 year Area in km2: 934 Ref: 2004/00269 Plan and co-ordinates can be found on the PIRSA Sarig website: http://www.minerals.pir.sa.gov.au/sarig or by phoning Mineral Tenements on (08) 8463 3103.

H. TYRTEOS, Mining Registrar

MINING ACT 1971

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 NOTICE is hereby given in accordance with section 53 (2) of the Mining Act 1971 and Part 5 of the Native Title (South Australia) Act 1994 and the Regulations thereunder that an application for a Miscellaneous Purposes Licence has been received. Details of the proposal may be inspected at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000: Applicant: OneSteel Manufacturing Pty Limited Location: Sections 5, 6, 7 and 8, Hundred of Randell,

Allotment 7097, Town Plan 560501. Area: 79.3 hectares Purpose: Iron Ore Slurry and return water pipelines, trans-

mission line upgrade and optical fibre cable. Reference: T02465 (1) The Minister for Mineral Resources Development is required to have regard to any representations received from owners of the land (including native title holders) to which the application relates and/or any interested members of the public in determining the application or in fixing the conditions to be attached to the lease if granted. A copy of the proposal has been provided to the Corporation of the City of Whyalla. Written submissions in relation to the granting of the Miscellaneous Purposes Licence are invited to be received at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000 or G.P.O. Box 1671, Adelaide, S.A. 5001 no later than 10 September 2004.


MINING ACT 1971

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 NOTICE is hereby given in accordance with section 53 (2) of the Mining Act 1971 and Part 5 of the Native Title (South Australia) Act 1994 and the Regulations thereunder that an application for a Miscellaneous Purposes Licence has been received. Details of the proposal may be inspected at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000: Applicant: OneSteel Manufacturing Pty Limited Location: Pieces 51 and 52 and Allotment 50, Deposited Plan

25261, Hundred of Moonabie; Piece 19, Deposited Plan 23001, Hundred of Moonabie, section 12, Hundred of Moonabie; Pieces 28 and 31, Deposited Plan 23001, Hundred of Ash, sections 10, 12 and 15, Hundred of Ash; Allotment 1, Deposited Plan 28423, Hundred of Randell, sections 4 and 5, Hundred of Randell.

Area: 200.9 hectares Purpose: Iron Ore Slurry and return water pipelines, trans-

mission line upgrade and optical fibre cable. Reference: T02465 (2)

The Minister for Mineral Resources Development is required to have regard to any representations received from owners of the land (including native title holders) to which the application relates and/or any interested members of the public in determining the application or in fixing the conditions to be attached to the lease if granted. A copy of the proposal has been provided to the Corporation of the City of Whyalla. Written submissions in relation to the granting of the Miscellaneous Purposes Licence are invited to be received at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000 or G.P.O. Box 1671, Adelaide, S.A. 5001 no later than 10 September 2004.


MINING ACT 1971

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 NOTICE is hereby given in accordance with section 53 (2) of the Mining Act 1971 and Part 5 of the Native Title (South Australia) Act 1994 and the Regulations thereunder that an application for a Miscellaneous Purposes Licence has been received. Details of the proposal may be inspected at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000: Applicant: OneSteel Manufacturing Pty Limited Location: Sections 10 and 11, Hundred of Batchelor—

Approximately 50 km south-west of Whyalla. Area: 23.5 hectares Purpose: Disposal of Overburden Reference: T02465 (3) The Minister for Mineral Resources Development is required to have regard to any representations received from owners of the land (including native title holders) to which the application relates and/or any interested members of the public in determining the application or in fixing the conditions to be attached to the lease if granted. A copy of the proposal has been provided to the Corporation of the City of Whyalla. Written submissions in relation to the granting of the Miscellaneous Purposes Licence are invited to be received at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000 or G.P.O. Box 1671, Adelaide, S.A. 5001 no later than 10 September 2004.


MINING ACT 1971

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 NOTICE is hereby given in accordance with section 53 (2) of the Mining Act 1971 and Part 5 of the Native Title (South Australia) Act 1994 and the Regulations thereunder that an application for a Miscellaneous Purposes Licence has been received. Details of the proposal may be inspected at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000: Applicant: OneSteel Manufacturing Pty Limited Location: Section 11, Hundred of Batchelor—Approximately

50 km south-west of Whyalla. Area: 24.2 hectares Purpose: Disposal of Overburden Reference: T02465 (4) The Minister for Mineral Resources Development is required to have regard to any representations received from owners of the land (including native title holders) to which the application relates and/or any interested members of the public in determining the application or in fixing the conditions to be attached to the lease if granted. A copy of the proposal has been provided to the Corporation of the City of Whyalla.

26 August 2004] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3387 Written submissions in relation to the granting of the Miscellaneous Purposes Licence are invited to be received at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000 or G.P.O. Box 1671, Adelaide, S.A. 5001 no later than 10 September 2004.


MINING ACT 1971

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 NOTICE is hereby given in accordance with section 53 (2) of the Mining Act 1971 and Part 5 of the Native Title (South Australia) Act 1994 and the Regulations thereunder that an application for a Miscellaneous Purposes Licence has been received. Details of the proposal may be inspected at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000: Applicant: OneSteel Manufacturing Pty Limited Location: Piece 35, Deposited Plan 23001, Hundred of

Moonabie—Approximately 50 km south-west of Whyalla. Area: 54.3 hectares Purpose: Disposal of Iron Ore Tailings Reference: T02465 (5) The Minister for Mineral Resources Development is required to have regard to any representations received from owners of the land (including native title holders) to which the application relates and/or any interested members of the public in determining the application or in fixing the conditions to be attached to the lease if granted. A copy of the proposal has been provided to the Corporation of the City of Whyalla. Written submissions in relation to the granting of the Miscellaneous Purposes Licence are invited to be received at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000 or G.P.O. Box 1671, Adelaide, S.A. 5001 no later than 10 September 2004.


MINING ACT 1971

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 NOTICE is hereby given in accordance with section 53 (2) of the Mining Act 1971 and Part 5 of the Native Title (South Australia) Act 1994 and the Regulations thereunder that an application for a Miscellaneous Purposes Licence has been received. Details of the proposal may be inspected at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000: Applicant: OneSteel Manufacturing Pty Limited Location: Pieces 19 and 35, Deposited Plan 23001, Hundred

of Moonabie—Approximately 50 km south-west of Whyalla.

Area: 233.3 hectares Purpose: Disposal of Iron Ore Tailings Reference: T02465 (6) The Minister for Mineral Resources Development is required to have regard to any representations received from owners of the land (including native title holders) to which the application relates and/or any interested members of the public in determining the application or in fixing the conditions to be attached to the lease if granted. A copy of the proposal has been provided to the Corporation of the City of Whyalla. Written submissions in relation to the granting of the Miscellaneous Purposes Licence are invited to be received at the Department of Primary Industries and Resources, Mineral Resources Group, Level 5, 101 Grenfell Street, Adelaide, S.A. 5000 or G.P.O. Box 1671, Adelaide, S.A. 5001 no later than 10 September 2004.


NATIONAL PARKS AND WILDLIFE ACT 1972 Parks of the Coffin Bay Area Management Plan

I, JOHN HILL, Minister for Environment and Conservation, hereby give notice under the provisions of section 38 of the National Parks and Wildlife Act 1972, that I have adopted a plan of management for the parks of the Coffin Bay area, incorporating Coffin Bay National Park, Kellidie Bay Conservation Park, Avoid Bay Islands Conservation Park, Whidbey Isles Conservation Park and Mount Dutton Bay Conservation Park. Copies of the plan may be inspected at or obtained from the offices of the Department for Environment and Heritage, 1 Richmond Road, Keswick, S.A. 5035 (G.P.O. Box 1047, Adelaide, S.A. 5001), telephone (08) 8124 4946, West Region Office of DEH, 75 Liverpool Street, Port Lincoln, S.A. 5606, telephone (08) 8688 3111 or on the departmental website: http://www.environment.sa.gov.au/parks/management_plans.html. Copies of this publication can be purchased at a cost of $10 per copy (plus $2 postage within South Australia) from the addresses above.

JOHN HILL, Minister for Environment and Conservation

NATIONAL PARKS AND WILDLIFE ACT 1972 Lincoln National Park Management Plan

I, JOHN HILL, Minister for Environment and Conservation, hereby give notice under the provisions of section 38 of the National Parks and Wildlife Act 1972, that I have adopted a plan of management for Lincoln National Park, incorporating Lincoln Conservation Reserve. Copies of the plan may be inspected at or obtained from the offices of the Department for Environment and Heritage, 1 Richmond Road, Keswick, S.A. 5035 (G.P.O. Box 1047, Adelaide, S.A. 5001), telephone (08) 8124 4946, West Region Office of DEH, 75 Liverpool Street, Port Lincoln, S.A. 5606, telephone (08) 8688 3111 or on the departmental website: http://www.environment.sa.gov.au/parks/management_plans.html. Copies of this publication can be purchased at a cost of $10 per copy (plus $2 postage within South Australia) from the addresses above.

JOHN HILL, Minister for Environment and Conservation

PETROLEUM ACT 2000 Application for Grant of an Associated Facilities Licence AFL 15

PURSUANT to section 65 (6) of the Petroleum Act 2000 (the Act) and Delegation dated 28 March 2002, Gazetted 11 April 2002, page 1573, notice is hereby given that an application for the grant of an Associated Facilities Licence over the area described below has been received from Beach Petroleum Limited.

Description of Application Area A 50 m buffer around line segments defined by the following pairs of coordinates (GDA94), adjacent to Petroleum Exploration Licence PEL 107:

From To

382264E 6882992N 382631E 6882388N

386695E 6881253N 387692E 6880582N

389167E 6879589N 390724E 6878524N

387247E 6881994N 388448E 6883981N

Dated 19 August 2004. B. A. GOLDSTEIN, Director Petroleum Minerals and Energy Division Primary Industries and Resources SA Delegate of the Minister for Mineral

Resources Development


PETROLEUM ACT 2000 Surrender of Associated Facilities Licence—AFL 3

NOTICE is hereby given that I have accepted surrender of the abovementioned Associated Facilities Licence under the provisions of the Petroleum Act 2000, pursuant to delegated powers dated 28 March 2002, Gazetted 11 April 2002, page 1573.

No. of Licence Licensee Locality Date of

Surrender Approx. Area in

km2 Reference

AFL 3 Stuart Petroleum Limited Cooper Basin of South Australia 23 October 2003 1.99 27/2/265

Description of the Area

All that part of the State of South Australia, bounded as follows: A 50 m buffer around line segments defined by the following pairs of co-ordinates (decimal degrees GDA 94), adjacent to Petroleum Exploration Licence PEL 102 in the State of South Australia.

From To

-27.324944 140.751219 -27.312470 140.763093

-27.446768 140.751260 -27.436716 140.759469

-27.445865 140.751232 -27.450566 140.760046

-27.204778 140.667891 -27.195437 140.693129

-27.178307 140.667899 -27.174303 140.677803

-27.165107 140.667847 -27.161957 140.675901

-27.210511 140.667944 -27.205656 140.680944

-27.201256 140.667770 -27.200998 140.705968

-27.165125 140.642219 -27.160730 140.653628

-27.165137 140.619235 -27.161686 140.628351

-27.165178 140.601389 -27.161760 140.599544

-27.335118 140.496225 -27.331758 140.503509

-27.507549 140.577513 -27.500005 140.584568

-27.300362 140.581777 -27.295711 140.593416 Area: 1.99 km2 approximately. Dated 24 August 2004.

B. A. GOLDSTEIN, Director Petroleum Minerals and Energy Division Primary Industries and Resources SA Delegate of the Minister for Mineral Resources Development


PETROLEUM ACT 2000 Grant of Associated Facilities Licence—AFL 14

NOTICE is hereby given that the undermentioned Associated Facilities Licence has been granted under the provisions of the Petroleum Act 2000, pursuant to delegated powers dated 28 March 2002, Gazetted 11 April 2002, page 1573.

No. of Licence Licensees Locality Approximate

Area in km2 Reference

AFL 14

Santos Limited Santos Petroleum Pty Ltd Santos (BOL) Pty Ltd Vamgas Pty Ltd Reef Oil Pty Ltd Alliance Petroleum Australia Pty

Ltd Bridge Oil Developments Pty Ltd Delhi Petroleum Pty Ltd Origin Energy Resources Ltd Basin Oil Pty Ltd Novus Australia Resources NL

Cooper Basin of South Australia

1.0

27/2/303

Description of Area

All that part of the State of South Australia, bounded as follows: A 50 m buffer around line segments defined by the following pairs of co-ordinates (GDA94), within Petroleum Exploration

Licences PEL 104, PEL 105 and PEL 106:

From To

27°42′24.46″ 140°02′42.49″ 27°42′25.06″ 140°03′56.36″

27°43′24.59″ 139°58′46.53″ 27°43′00.82″ 139°59′26.59″

27°43′50.45″ 139°58′44.52″ 27°43′32.92″ 140°00′13.41″

27°43′41.22″ 139°55′36.70″ 27°44′21.84″ 139°56′14.52″

27°33′44.60″ 140°05′24.00″ 27°33′23.76″ 140°05′56.38″

27°32′54.22″ 140°06′42.18″ 27°32′45.08″ 140°06′56.38″

27°46′51.23″ 139°54′47.96″ 27°46′22.89″ 139°55′34.52″

27°45′44.61″ 139°57′31.62″ 27°46′04.61″ 139°57′50.26″ Dated 19 August 2004.



PETROLEUM ACT 2000 Grant of Geothermal Exploration Licences GEL 170, GEL 171, GEL 172 and GEL 173

NOTICE is hereby given that the undermentioned Geothermal Exploration Licences have been granted under the provisions of the Petroleum Act 2000, pursuant to delegated powers dated 28 March 2002, Gazetted 11 April 2002, page 1573.

No. of Licence Licensee Locality Area in km2 Reference

GEL 170 Scopenergy Limited Otway Basin of South Australia

500

27/02/293

GEL 171 Scopenergy Limited Otway Basin of South Australia 496 27/02/294



Description of Area—GEL 170

All that part of the State of South Australia, bounded as follows: Commencing at a point being the intersection of latitude 37°31′00″S GDA94 and longitude 140°22′00″E GDA94, thence east

to longitude 140°32′00″E GDA94, south to latitude 37°38′00″S GDA94, east to longitude 140°33′00″E GDA94, south to latitude 37°40′00″S GDA94, east to longitude 140°35′00″E GDA94, south to latitude 37°42′00″S GDA94, east to longitude 140°38′00″E GDA94, south to latitude 37°44′00″S GDA94, east to longitude 140°41′00″E GDA94, south to latitude 37°46′00″S GDA94, east to longitude 140°44′00″E GDA94, south to latitude 37°47′00″S GDA94, east to longitude 140°47′00″E GDA94, south to latitude 37°48′00″S GDA94, east to longitude 140°51′00″E GDA94, south to latitude 37°49′00″S GDA94, east to longitude 140°54′00″E GDA94, south to latitude 37°50′00″S GDA94, east to longitude 140°56′00″E GDA94, south to latitude 37°52′00″S GDA94, west to longitude 140°43′00″E GDA94, north to latitude 37°49′00″S GDA94, west to longitude 140°38′00″E GDA94, north to latitude 37°46′00″S GDA94, west to longitude 140°33′00″E GDA94, north to latitude 37°44′00″S GDA94, west to longitude 140°32′00″E GDA94, north to latitude 37°43′00″S GDA94, west to longitude 140°29′00″E GDA94, north to latitude 37°40′00″S GDA94, west to longitude 140°26′00″E GDA94, north to latitude 37°37′00″S GDA94, west to longitude 140°25′00″E GDA94, north to latitude 37°36′00″S GDA94, west to longitude 140°23′00″E GDA94, north to latitude 37°35′00″S GDA94, west to longitude 140°22′00″E GDA94, and north to the point of commencement but excluding Tantanoola Conservation Park and Gower Conservation Park.

Area: 500 km2 approximately. Description of Area—GEL 171


to longitude 140°18′00″E GDA94, south to latitude 37°25′00″S GDA94, east to longitude 140°20′00″E GDA94, south to latitude 37°26′00″S GDA94, east to longitude 140°21′00″E GDA94, south to latitude 37°27′00″S GDA94, east to longitude 140°30′00″E GDA94, south to latitude 37°29′00″S GDA94, east to longitude 140°41′00″E GDA94, south to latitude 37°31′00″S GDA94, east to longitude 140°42′00″E GDA94, south to latitude 37°32′00″S GDA94, east to longitude 140°43′00″E GDA94, south to latitude 37°33′00″S GDA94, east to longitude 140°44′00″E GDA94, south to latitude 37°34′00″S GDA94, east to longitude 140°45′00″E GDA94, south to latitude 37°36′00″S GDA94, west to longitude 140°39′00″E GDA94, south to latitude 37°39′00″S GDA94, west to longitude 140°38′00″E GDA94, south to latitude 37°42′00″S GDA94, west to longitude 140°35′00″E GDA94, north to latitude 37°40′00″S GDA94, west to longitude 140°33′00″E GDA94, north to latitude 37°38′00″S GDA94, west to longitude 140°32′00″E GDA94, north to latitude 37°31′00″S GDA94, west to longitude 140°22′00″E GDA94, south to latitude 37°34′00″S GDA94, west to longitude 140°20′00″E GDA94, north to latitude 37°33′00″S GDA94, west to longitude 140°19′00″E GDA94, north to latitude 37°28′00″S GDA94, west to longitude 140°17′00″E GDA94, north to latitude 37°27′00″S GDA94, west to longitude 140°15′00″E GDA94, north to latitude 37°26′00″S GDA94, west to longitude 140°14′00″E GDA94, and north to the point of commencement.

Area: 496 km2 approximately. Description of Area—GEL 172


to longitude 140°45′00″E GDA94, south to latitude 37°38′00″S GDA94, east to longitude 140°46′00″E GDA94, south to latitude 37°39′00″S GDA94, east to longitude 140°52′00″E GDA94, south to latitude 37°40′00″S GDA94, east to longitude 140°55′00″E GDA94, south to latitude 37°41′00″S GDA94, east to the eastern border of the State of South Australia, thence southerly along the border of the said State to latitude 37°52′00″S GDA94, east to longitude 140°56′00″E GDA94, north to latitude 37°50′00″S GDA94, west to longitude 140°54′00″E GDA94, north to latitude 37°49′00″S GDA94, west to longitude 140°51′00″E GDA94, north to latitude 37°48′00″S GDA94, west to longitude 140°47′00″E GDA94, north to latitude 37°47′00″S GDA94, west to longitude 140°44′00″E GDA94, north to latitude 37°46′00″S GDA94, west to longitude 140°41′00″E GDA94, north to latitude 37°44′00″S GDA94, west to longitude 140°38′00″E GDA94, north to latitude 37°39′00″S GDA94, east to longitude 140°39′00″E GDA94, and north to the point of commencement but excluding Telford Scrub Conservation Park.

Area: 497 km2 approximately.


Description of Area—GEL 173 All that part of the State of South Australia, bounded as follows: Commencing at a point being the intersection of latitude 37°21′00″S GDA94 and longitude 140°02′00″E GDA94, thence east

to longitude 140°12′00″E GDA94, south to latitude 37°29′00″S GDA94, east to longitude 140°13′00″E GDA94, south to latitude 37°30′00″S GDA94, east to longitude 140°15′00″E GDA94, south to latitude 37°31′00″S GDA94, east to longitude 140°17′00″E GDA94, south to latitude 37°32′00″S GDA94, east to longitude 140°19′00″E GDA94, south to latitude 37°33′00″S GDA94, east to longitude 140°20′00″E GDA94, south to latitude 37°34′00″S GDA94, east to longitude 140°22′00″E GDA94, south to latitude 37°35′00″S GDA94, east to longitude 140°23′00″E GDA94, south to latitude 37°36′00″S GDA94, east to longitude 140°25′00″E GDA94, south to latitude 37°37′00″S GDA94, east to longitude 140°26′00″E GDA94, south to latitude 37°40′00″S GDA94, west to longitude 140°21′00″E GDA94, north to latitude 37°39′00″S GDA94, west to longitude 140°20′00″E GDA94, north to latitude 37°38′00″S GDA94, west to longitude 140°18′00″E GDA94, north to latitude 37°37′00″S GDA94, west to the eastern boundary of Canunda National Park, thence generally north-westerly along the boundary of the said National Park to a line being Low Water Mark, Southern Ocean (Rivoli Bay), thence generally north-westerly along the said line to longitude 140°02′00″E GDA94 and north to the point of commencement but excluding sections 410 and 427, Hundred of Rivoli Bay.

Area: 498 km2 approximately. Dated 19 August 2004.


PETROLEUM ACT 2000 Grant of Petroleum Production Licence—PPL 206

NOTICE is hereby given that pursuant to section 92 (1) of the Petroleum Act 2000, the undermentioned Petroleum Production Licence has been granted under the provisions of the Petroleum Act 2000, pursuant to delegated powers dated 28 March 2002, Gazetted 11 April 2002, page 1573.

No of Licence Licensee Locality Approximate

Area in km2 Reference

PPL 206 Santos Limited Cooper Basin of South Australia 0.62 28/01/377

Description of Area All that part of the State of South Australia, bounded as follows: Commencing at a point being the intersection of latitude 28°30′45″S GDA94 and longitude 140°15′10″E GDA94, thence east to longitude 140°15′25″E GDA94, south to latitude 28°31′10″S GDA94, east to longitude 140°15′30″E AGD66, south to latitude 28°31′15″S GDA94, west to longitude 140°15′20″E GDA94, south to latitude 28°31′20″S GDA94, west to longitude 140°15′10″E GDA94, south to latitude 28°31′25″S GDA94, west to longitude 140°15′00″E AGD66, north to latitude 28°30′50″S GDA94, east to longitude 140°15′10″E GDA94, and north to the point of commencement. Area: 0.62 km2 approximately. Dated 23 August 2004.

BARRY A. GOLDSTEIN, Director Petroleum Minerals and Energy Division Primary Industries and Resources SA Delegate of the Minister for Mineral Resources Development


ROADS (OPENING AND CLOSING) ACT 1991: SECTION 24

NOTICE OF CONFIRMATION OF ROAD PROCESS ORDER

Walkway—Dutton Street/Pick Avenue, Mount Gambier Deposited Plan 65414

BY Road Process Order made on 18 June 2004, the City of Mount Gambier ordered that: 1. The whole of the walkway between Dutton Street and Pick

Avenue adjoining the northern boundary of allotment 589 in Filed Plan 193581 more particularly lettered ‘A’ in Preliminary Plan No. 04/0034 be closed.

2. The whole of the land subject to closure be transferred to Boandik Lodge Inc. in accordance with agreement for transfer dated 11 June 2004 entered into between the City of Mount Gambier and Boandik Lodge Inc.

On 12 August 2004 that order was confirmed by the Minister for Administrative Services conditionally on approval and deposit of the survey plan by the Registrar-General. The condition has now been fulfilled. Pursuant to section 24 (5) of the Roads (Opening and Closing) Act 1991, NOTICE of the order referred to above and its confirmation is hereby given. Dated 26 August 2004.

P. M. KENTISH, Surveyor-General

NOTICE TO MARINERS

NO. 24 of 2004 South Australia—Port Victoria—South Beatrice Rock—

Buoy adrift THE Fl.R. 3 seconds buoy position 34°26.872′S, 137°23.872′E has broken off its mooring and has run adrift. The buoy has been retrieved and will be re-installed in due course. Mariners are advised to exercise caution when navigating in the area. Navy chart affected: Aus 777. Adelaide, 16 August 2004.

TRISH WHITE, Minister for Transport TSA 2004/00541

NOTICE TO MARINERS NO. 25 of 2004

South Australia—Gulf St Vincent—Approaches to Port Adelaide—No Anchoring Zone

(Former notice No. 10 of 2004) MARINERS and fishers are reminded that the No Anchoring Zone referred to in the previous notice has been declared. It is located approximately one nautical mile west of the Port Adelaide Entrance Beacon and is bounded by the following corners, whose approximate WGS84 co-ordinates are: 34°46′35.666″S, 138°21′33.513″E 34°47′05.586″S, 138°24′35.574″E 34°47′18.567″S, 138°24′35.560″E 34°47′54.079″S, 138°21.33.380″E A number of vessels have been fouled by unmarked crab pots in this zone. Therefore in the interests of safety in navigation, mariners and fishers are advised to refrain from anchoring and/or laying and retrieving fishing pots in this zone. Mariners and fishers are also advised that this prohibited anchoring zone will be regularly patrolled by Transport SA Marine Safety Officers. Navy Chart affected: Aus 781. Publication affected: Australian Pilot, Volume 1 (Seventh

Edition, 1992) pages 125-130. Adelaide, 17 August 2004.

TRISH WHITE, Minister for Transport FP 2001/1439 TSA 2004/00541


South Australia

Authorised Betting Operations Act (Commencement) Proclamation 2004

1—Short title This proclamation may be cited as the Authorised Betting Operations Act (Commencement) Proclamation 2004.

2—Commencement of suspended provisions The remaining provisions of the Authorised Betting Operations Act 2000 (No 95 of 2000) will come into operation on 1 September 2004.

Made by the Governor

with the advice and consent of the Executive Council on 26 August 2004

T&F04/040CS

South Australia

Statutes Amendment (Courts) Act (Commencement) Proclamation 2004

1—Short title This proclamation may be cited as the Statutes Amendment (Courts) Act (Commencement) Proclamation 2004.

2—Commencement of Act and suspension of certain provisions (1) The Statutes Amendment (Courts) Act 2004 (No 23 of 2004) will come into operation on 1

September 2004.

(2) The operation of sections 19 and 23 of the Act is suspended until a day to be fixed by subsequent proclamation.



AGO0335/02CS


South Australia

Administrative Arrangements (Administration of Agricultural and Veterinary Products (Control of Use) Act) Proclamation 2004

under section 5 of the Administrative Arrangements Act 1994

1—Short title This proclamation may be cited as the Administrative Arrangements (Administration of Agricultural and Veterinary Products (Control of Use) Act ) Proclamation 2004.

2—Commencement This proclamation comes into operation on the day on which it is made.

3—Administration of Act committed to Minister for Agriculture, Food and Fisheries

The administration of the Agricultural and Veterinary Products (Control of Use) Act 2002 is committed to the Minister for Agriculture, Food and Fisheries.



MAFF04/0023CS


South Australia

Government Financing Authority (Declaration of Semi-Government Authority) Proclamation 2004

under section 4(2) of the Government Financing Authority Act 1982

1—Short title This proclamation may be cited as the Government Financing Authority (Declaration of Semi-Government Authority) Proclamation 2004.


3—Declaration of semi-government authority The following body corporate is declared to be a semi-government authority for the purposes of the Government Financing Authority Act 1982:

Austraining International Pty Ltd



T&F04/054CS


South Australia

Maritime Services (Access) Variation Proclamation 2004

under section 45 of the Maritime Services (Access) Act 2000

Part 1—Preliminary 1—Short title

This proclamation may be cited as the Maritime Services (Access) Variation Proclamation 2004.

2—Commencement This proclamation will come into operation on 31 October 2004.

3—Variation provisions In this proclamation, a provision under a heading referring to the variation of a specified proclamation varies the proclamation so specified.

Part 2—Variation of proclamation made under sections 5 and 10 of the Maritime Services (Access) Act 2000 (Gazette 25.10.2001 p4686)

4—Variation of clause 2 (1) Clause 2(a)—delete "by means of channels"

(2) Clause 2(c)—delete "harbourage" and substitute:

berths

(3) Clause 2—after paragraph (c) insert:

(ca) providing port facilities for loading or unloading vessels at berths adjacent to the loading and unloading facilities referred to in paragraph (d);


on the recommendation of the Essential Services Commission and with the advice and consent of the Executive Council on 26 August 2004

MFI04/019CS


South Australia

Public Finance and Audit (Declaration of Semi- Government Authorities) Variation Proclamation 2004

under section 17(3) of the Public Finance and Audit Act 1987


This proclamation may be cited as the Public Finance and Audit (Declaration of Semi-Government Authorities) Variation Proclamation 2004.


3—Variation provisions In this proclamation, a provision under a heading referring to the variation of a specified proclamation varies the proclamation so specified.

Part 2—Variation of proclamation under Public Finance and Audit Act 1987 declaring certain bodies corporate to be semi-government authorities (Gazette 25.6.1987 p1634) as varied

4—Variation of Schedule Schedule—insert alphabetically:

Austraining International Pty Ltd



T&F04/054CS


South Australia

Criminal Law Consolidation (Witness Payment) Regulations 2004

under the Criminal Law Consolidation Act 1935

Contents 1 Short title 2 Commencement 3 Interpretation 4 Prosecution witness fees 5 Defence witness fees

Schedule 1—Revocation of Criminal Law (Witness Payments) Regulations 1989

1—Short title These regulations may be cited as the Criminal Law Consolidation (Witness Payment) Regulations 2004.

2—Commencement These regulations will come into operation on 1 September 2004.

3—Interpretation In these regulations—

Act means the Criminal Law Consolidation Act 1935;

witness includes a witness who attended court but was not called to give evidence.

4—Prosecution witness fees (1) Pursuant to section 297 of the Act, the Sheriff may authorise a witness for the prosecution

in respect of proceedings under the Act to be paid any or all of the following amounts:

(a) the actual amount lost, or the expenses necessarily incurred, by the witness by reason of the absence of the witness from home or business for the purpose of attending court, or $100 per day, whichever is the lesser;

(b) an allowance for the travelling expenses of the witness, calculated on the basis of travel by public transport to and from court or, if the use of public transport by the witness is not reasonably practicable, $0.20 per kilometre necessarily travelled to and from court;

(c) if the witness is necessarily absent from home overnight—the accommodation and meal expenses reasonably incurred by the witness;

(d) if the witness is necessarily accompanied by another person—an amount equal to that which would be paid under this regulation in respect of that other person if he or she were a witness for the prosecution.


(2) If, on the basis of information provided by the witness, the Sheriff is satisfied—

(a) that the amount lost, or the expenses incurred, by the witness exceed the amount determined under subregulation (1)(a); or

(b) that the travelling expenses incurred by the witness exceed the amount determined under subregulation (1)(b),

the amount to be paid to the witness may include such further amount as the Sheriff thinks fair and reasonable in the circumstances.

(3) A claim for witness fees or expenses must be verified by a declaration in writing signed by the witness.

(4) No amount is to be paid in respect of a witness who is an officer or employee of the State or Commonwealth (including a police officer but excluding an officer or employee who is on leave during the period of attendance at court).

5—Defence witness fees Pursuant to section 297 of the Act, a court may, at the request of a witness for the defence in respect of proceedings under the Act, authorise the Sheriff to pay to the witness any or all of the amounts that would be payable to the witness if he or she were a witness for the prosecution.

Schedule 1—Revocation of Criminal Law (Witness Payments) Regulations 1989

The Criminal Law (Witness Payments) Regulations 1989 are revoked.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.



No 179 of 2004

AGO0191/04CS


South Australia

Chiropodists Regulations 2004

under the Chiropodists Act 1950

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation

Part 2—Election of chiropodist members of board 4 Elections to be conducted by registrar 5 Public notice of election 6 Eligibility to vote 7 Nominations 8 Election without ballot 9 Election with ballot 10 Ballot papers 11 Electoral material 12 Voting 13 Scrutineers 14 Counting of votes 15 Public notice of election results

Part 3—Registration 16 Additional qualifications 17 Application for registration 18 Fees 19 Display of certificate of registration 20 Notification of change of practice address

Part 4—Chiropody practice 21 Code of professional ethics 22 Prescribed equipment and facilities 23 Hygienic storage of dressings and medicinal substances 24 Chiropody in hospitals, nursing homes or private homes

Part 5—Board administration 25 Minutes to be kept of board meetings 26 Common seal and execution of documents

Schedule 1—Application for registration

Schedule 2—Fees

Schedule 3—Chiropody Code


Schedule 4—Revocation of Chiropodists Regulations 1989


These regulations may be cited as the Chiropodists Regulations 2004.


3—Interpretation In these regulations, unless the contrary intention appears—

Act means the Chiropodists Act 1950;

chiropodist means a registered chiropodist;

public notice means a notice published in a newspaper circulating generally throughout the State;

registrar means the person for the time being holding or acting in the office of registrar of the board;

voter means a chiropodist who is eligible to vote in elections under these regulations.

Part 2—Election of chiropodist members of board 4—Elections to be conducted by registrar

An election to be held for the purposes of section 7 of the Act will be conducted by the registrar in accordance with these regulations.

5—Public notice of election The registrar must—

(a) in consultation with the board, determine a timetable for an election; and

(b) publish the timetable by public notice setting out—

(i) the date (not being less than 14 days after the date of publication of the notice) and the hour by which nominations must be received by the registrar; and

(ii) the date on or before which the registrar will post ballot papers to voters; and

(iii) the date (not being less than 14 days or more than 21 days after the date fixed under subparagraph (ii)) by which completed ballot papers must be returned to the registrar.

6—Eligibility to vote A chiropodist is entitled to vote in an election under these regulations if—

(a) his or her name appeared on the register on the day immediately preceding publication of public notice of the election timetable; and


(b) his or her registration was not, on that day, subject to suspension.

7—Nominations (1) A chiropodist is eligible to be a candidate for election as a member of the board if he or

she is entitled to vote in the election.

(2) A nomination of a candidate for election must—

(a) be in a form approved by the registrar; and

(b) be signed by the candidate and 2 other chiropodists who are eligible to vote in the election; and

(c) be received by the registrar not later than the hour fixed in the public notice of the election timetable for the closure of nominations.

8—Election without ballot If the number of candidates nominated is the same or less than the number of vacancies to be filled by election, the registrar must, by public notice, declare the candidates to be elected as members of the board.

9—Election with ballot If the number of candidates nominated exceeds the number of vacancies to be filled by election, a ballot must be held in accordance with these regulations to fill the relevant vacancies.

10—Ballot papers (1) The registrar must provide each voter with—

(a) a ballot paper initialled by the registrar or by a person authorised for that purpose by the registrar; and

(b) an unmarked envelope; and

(c) a second envelope addressed to the registrar in which to return the completed ballot paper.

(2) The names of the candidates must appear on the ballot paper in alphabetical order of surname.

(3) The registrar may provide a voter with a ballot paper and envelopes by posting them to the voter at his or her last known address.

11—Electoral material (1) Subject to this regulation, the registrar must, at the request of a candidate, include with

ballot papers provided to voters, material provided by the candidate promoting the candidate's election as a member of the board.

(2) Such material must be provided to the registrar on or before the date of closure of nominations.

(3) The material—

(a) must not include more than 200 words or more than 1 photograph;

(b) may be printed by the registrar in such form as the registrar thinks fit.


12—Voting

To vote in an election, a voter—

(a) must indicate on the ballot paper the candidate to whom the voter gives his or her first preference (and may indicate the order of his or her preference for the other candidates (if any) in accordance with instructions appearing on the ballot paper); and

(b) must place the ballot paper in the unmarked envelope provided, place the envelope inside the second envelope addressed to the registrar, seal the second envelope and sign it; and

(c) must print his or her full name in block letters next to the signature; and

(d) must return the envelope to the registrar not later than the date fixed in the election timetable for the closure of the poll.

13—Scrutineers The registrar may permit such scrutineers (who are not candidates for election to the board) as he or she thinks fit to be present at the counting of votes.

14—Counting of votes The following provisions apply to the counting of votes at an election:

(a) after counting first preferences, the candidate with the fewest first preferences must be excluded;

(b) if more candidates remain than the number of vacancies to be filled, each ballot paper counted to the excluded candidate must be counted to the candidate (if any) next in order of the voter's preference;

(c) this process must be continued until the number of candidates remaining equals the number of vacancies to be filled;

(d) in the event that 2 or more candidates have an equal number of votes and 1 or more of them must be excluded, the registrar must determine the question by lot.

15—Public notice of election results The registrar must, by public notice, declare the successful candidates in the ballot to be elected as members of the board.

Part 3—Registration 16—Additional qualifications

For the purposes of section 26 of the Act, the following qualifications are prescribed:

(a) a degree or diploma related to the practice of chiropody conferred by a university;

(b) a degree, diploma or other qualification related to health conferred by an educational or training institution recognised by the board;

(c) membership of a State or Territory association or other body affiliated with the Australian Podiatry Council;

(d) a qualification achieved by successful completion of an examination approved by the board of the Australasian Academy of Podiatric Sports Medicine or the Australasian College of Podiatric Surgeons.


17—Application for registration

For the purposes of section 28(1) of the Act, the form set out in Schedule 1 is prescribed.

18—Fees For the purposes of section 29 of the Act, the fees set out in Schedule 2 are prescribed.

19—Display of certificate of registration A chiropodist must, at each premises at which he or she practises chiropody, display his or her current certificate of registration (or a copy of that certificate) in such a manner and position that the certificate is likely to attract the attention of patients who consult the chiropodist.

Maximum penalty: $100.

20—Notification of change of practice address A chiropodist must, within 14 days of any change in the address at which the chiropodist practises chiropody, notify the board in writing of the change.


Part 4—Chiropody practice 21—Code of professional ethics

The Code set out in Schedule 3 is prescribed as a code of professional ethics to be observed and obeyed by all chiropodists.

22—Prescribed equipment and facilities (1) In this regulation—

premises means any room or area within a building that is used by a chiropodist for the practice of chiropody and includes mobile premises.

(2) A chiropodist must not practise chiropody except in premises that comply with this regulation and are provided with the equipment and facilities prescribed by this regulation.


(3) Premises (other than mobile premises) in which a chiropodist practises chiropody must include—

(a) a waiting or reception room furnished with adequate seating for patients; and

(b) at least 1 room that is set aside for the purposes of, and is suitable for, the practice of chiropody.

(4) A room that is set aside for the practice of chiropody must be—

(a) at least 4 square metres in area; and

(b) adequately lit and ventilated; and

(c) provided with hygienic storage space for dressings and medicinal substances; and

(d) provided with sufficient power outlets for the safe operation of electrical equipment; and

(e) maintained in a clean and hygienic condition; and


(f) equipped with a patient chair, bench or couch of a type approved by the board for

the practice of chiropody.

(5) Premises in which a chiropodist practises chiropody must—

(a) be supplied with hot and cold running water; and

(b) be equipped with sterile surgical instruments and equipment that are suitable and necessary for practising chiropody.

23—Hygienic storage of dressings and medicinal substances A chiropodist must store dressings and medicinal substances used in the practice of chiropody in hygienic conditions inside a suitable storage unit.


24—Chiropody in hospitals, nursing homes or private homes (1) A chiropodist must not practise chiropody in a hospital, nursing home or private home

except in a room that complies with this regulation.


(2) A room in a hospital, nursing home or private home to be used for the practice of chiropody must—

(a) be suitable for that purpose; and

(b) be adequately lit; and

(c) in the case of a room in a hospital or nursing home—

(i) be adequately ventilated; and

(ii) be maintained in a clean and hygienic condition.

(3) A chiropodist must not practise chiropody in a private home unless the area immediately surrounding the patient is in a clean and hygienic condition or is covered with a clean cover sheet.


(4) A chiropodist who practises chiropody in a hospital, nursing home or private home must ensure—

(a) that all dressings and medicinal substances that he or she uses to treat patients have been hygienically stored; and

(b) that suitable surgical instruments and equipment that are sterile are available for his or her use at the hospital or home.


Part 5—Board administration 25—Minutes to be kept of board meetings

The board must cause accurate minutes to be kept of the business conducted at its meetings.

26—Common seal and execution of documents (1) The registrar has custody of the common seal of the board.


(2) The common seal of the board must not be affixed to any document except by the

authority of a resolution of the board and in the presence of 1 member of the board and of the registrar.

(3) Where an apparently genuine document purports to bear the common seal of the board, it will be presumed in legal proceedings, in the absence of proof to the contrary, that the document has been duly executed by the board.

Schedule 1—Application for registration

Schedule 2—Fees

1 Application for registration $180

2 Annual subscription $180

Schedule 3—Chiropody Code 1—Short title

This code may be cited as the Chiropody Code 2004.

2—Prohibition on publication of derogatory or untrue statements (1) A chiropodist must not publish or cause the publication of—

(a) a statement that is derogatory of another chiropodist with respect to the practice of his or her profession; or

(b) a statement relating to the practice of chiropody that is false or misleading.

(2) Subclause (1)(a) does not apply to in relation to any statement made by a chiropodist where he or she is required by law to give evidence before a court, tribunal or other body.


3—Prohibition on display of fees

A chiropodist must not display within premises at which the chiropodist practises chiropody any sign setting out the fees payable for particular services provided by him or her that is visible to a person outside of those premises.

4—Employed chiropodists not to approach former employer's patients A chiropodist who is, or has been, employed by another chiropodist must not approach any patient that the employee has attended during his or her employment for the purpose of informing the patient that he or she intends leaving or has left his or her employment.

5—Prohibition on personal endorsements etc (1) A chiropodist must not, without the approval of the board—

(a) permit his or her name to appear on foot appliances, preparations, shoes or other articles that are offered for sale to the public; or

(b) permit any personal recommendation of any medical, surgical or other appliance or any medicinal or other preparation to be published in writing or by means of the electronic media.

(2) A chiropodist must not—

(a) permit any letter or report of any interview in relation to diseases or treatments of the feet to be published under his or her name, except in such official or technical publications as are approved by the board; or

(b) make any statement or give any interview or a report relating to the practice of chiropody or to diseases or treatments of the feet that is intended for publication or public broadcast.

(3) Subclause (2) does not operate to prevent—

(a) the chairman of The Chiropody Board of South Australia; or

(b) the president of the Australian Podiatry Association (South Australia); or

(c) the Head of Podiatry at an academic institution approved by the board; or

(d) a person authorised by the president of the Australian Podiatry Association (South Australia),

acting in his or her own name in that capacity.

6—Prohibition on soliciting patients etc A chiropodist must not—

(a) solicit patients or work; or

(b) pay a commission, or any other form of remuneration or give a discount to any person for the introduction of patients; or

(c) share fees with a person other than a partner or employee of the chiropodist.

7—Prohibition on sharing profits with unregistered person etc A chiropodist must not—

(a) enter into an agreement with a person who is not a chiropodist for the sharing of profits from the practice of chiropody; or


(b) by his or her assistance or co-operation, enable a person who is not a chiropodist

to practise chiropody in contravention of section 27 of the Act.

8—Honour and status of profession to be upheld etc A chiropodist must—

(a) do his or her utmost to maintain and uphold the honour and status of the chiropody profession; and

(b) refrain from conduct that is or may be detrimental to the honour or interests of the chiropody profession or is calculated to bring the profession into disrepute.

Schedule 4—Revocation of Chiropodists Regulations 1989 1—Revocation

The Chiropodists Regulations 1989 are revoked.

Note—



on the recommendation of The Chiropody Board of South Australia and with the advice and consent of the Executive Council on 26 August 2004

No 180 of 2004

DHSCS04/52


South Australia

Public and Environmental Health (Notifiable Diseases) Regulations 2004

under the Public and Environmental Health Act 1987

Contents 1 Short title 2 Commencement 3 Interpretation 4 Notifiable diseases and controlled notifiable diseases (section 3) 5 Notification of diseases (section 30)

Schedule 1—Revocation of Public and Environmental Health (Notifiable Diseases) Regulations 1989

1—Short title These regulations may be cited as the Public and Environmental Health (Notifiable Diseases) Regulations 2004.



Act means the Public and Environmental Health Act 1987.

4—Notifiable diseases and controlled notifiable diseases (section 3) (1) The following communicable diseases are prescribed as notifiable diseases for the

purposes of the definition of notifiable disease in section 3(1) of the Act:

Anthrax Donovanosis Haemolytic-uraemic Syndrome (HUS) Infection caused by Escherichia coli capable of producing Shiga toxin Invasive Pneumococcal Disease Lyssavirus Infection Severe Acute Respiratory Syndrome Varicella-Zoster Infection.

(2) The following notifiable diseases are prescribed as controlled notifiable diseases for the purposes of the definition of controlled notifiable disease in section 3(1) of the Act:

Lyssavirus Infection Severe Acute Respiratory Syndrome.


5—Notification of diseases (section 30)

For the purposes of section 30 of the Act, persons who are in charge of pathology laboratories are persons of a prescribed class.

Schedule 1—Revocation of Public and Environmental Health (Notifiable Diseases) Regulations 1989

The Public and Environmental Health (Notifiable Diseases) Regulations 1989 are revoked.

Note—




No 181 of 2004

HEACS/04/003


South Australia

Agricultural and Veterinary Products (Control of Use) Regulations 2004

under the Agricultural and Veterinary Products (Control of Use) Act 2002

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Mandatory instructions 5 Trade species animal

Part 2—Agricultural chemical products 6 Off-label use of registered agricultural chemical products 7 Exemption in relation to horticultural crops 8 Exemptions in relation to home garden products

Part 3—Fertilisers

Division 1—Standards for fertilisers

Subdivision 1—Maximum permitted concentrations of heavy metals

9 Maximum permitted concentration of cadmium 10 Maximum permitted concentration of lead 11 Maximum permitted concentration of mercury

Subdivision 2—Standards for gypsum and lime fertilisers

12 Minimum percentage of sulphur in gypsum fertilisers 13 Fineness of gypsum fertilisers 14 Maximum permitted moisture content of gypsum fertilisers 15 Minimum neutralising value of lime fertilisers

Division 2—Labelling and information

Subdivision 1—General provisions

16 Requirement for label or advice note 17 General information to be included on label or advice note 18 Use of numbers in name of fertiliser on label or advice note

Subdivision 2—Requirements relating to content of fertilisers

19 Information about content and form of nutrients 20 Order in which nutrients in fertiliser must be listed 21 Concentration of nutrients in fertiliser 22 Information about micro-nutrients added during manufacture 23 Information about fineness of elemental sulphur


24 Information about fineness of rock phosphate 25 Information and warnings about gypsum fertilisers 26 Additional information about lime fertilisers 27 Information about biuret content of fertilisers containing urea 28 Information and warnings about biuret content of fertilisers 29 Information and warnings about heavy metals in fertilisers

Part 4—Veterinary products 30 Prescribed substances 31 Related species of animals 32 Off-label use of registered veterinary chemical products 33 Records to be kept by veterinary surgeons

Part 5—Miscellaneous 34 Restrictions on use of certain agricultural or veterinary products 35 Products prohibited for use in treating food-producing animals 36 Confidentiality 37 Variation or revocation of notices

Schedule 1—Substances prescribed for purposes of sections 11 and 12 of Act

Schedule 2—Restricted agricultural and veterinary products

Schedule 3—Products prohibited for use in treating food-producing animals

Schedule 4—Revocation of Agricultural Chemicals Regulations 1996


These regulations may be cited as the Agricultural and Veterinary Products (Control of Use) Regulations 2004.

2—Commencement These regulations will come into operation on the day on which the Agricultural and Veterinary Products (Control of Use) Act 2002 comes into operation.

3—Interpretation (1) In these regulations, unless the contrary intention appears—

Act means the Agricultural and Veterinary Products (Control of Use) Act 2002;

ChemCert accreditation means—

(a) a written accreditation issued by ChemCert Australia (SA) Incorporated; or

(b) a written accreditation issued by—

(i) ChemCert Australia (Tas); or

(ii) ChemCert Australia (Vic) Inc; or

(iii) ChemCert (NSW) Ltd; or


(iv) ChemCert Training Queensland; or

(v) ChemCert (NT); or

(vi) ChemCert (WA),

that is recognised in writing by ChemCert Australia (SA) Incorporated;

crop includes a plant not grown for its produce;

gypsum means a naturally occurring substance composed of calcium sulphate dihydrate;

home garden product means a registered agricultural chemical product that—

(a) is supplied to the general public for use in the home and home garden; and

(b) is supplied in a container the approved label for which indicates that the product is intended for such use;

horticultural crop includes fruit, nuts, herbs, vegetables, vines, flowers and ornamental plants;

lime means agricultural lime, dolomite or magnesite that—

(a) has a neutralising value equal to or greater than 50%; and

(b) contains calcium or magnesium carbonates or oxides or hydroxides, or a combination of calcium and magnesium carbonates or oxides or hydroxides,

when used for the purpose of decreasing the acidity of soil or when used as a fertiliser to supply principally calcium or magnesium;

liming material means an agricultural liming material that consists of or contains lime or dolomite that has a neutralising value of less than 50%;

neutralising value means the calcium carbonate equivalent as calculated from the calcium and magnesium carbonates, oxides and hydroxides;

prescribed qualification, in relation to an agricultural product or a veterinary product, means—

(a) a valid ChemCert accreditation accrediting the holder in the use of that product; or

(b) a qualification approved by the Minister by notice in the Gazette;

phosphatic fertiliser means a fertiliser that contains not less than 2% phosphorus;

State includes a Territory of the Commonwealth;

trace element means boron, cobalt, copper, iron, manganese, molybdenum, selenium or zinc.

(2) For the purposes of these regulations—

(a) a fertiliser is partially constituted of trace elements if the nutritional value of the fertiliser is partially derived from trace elements or the salts of trace elements;

(b) a fertiliser is wholly constituted of trace elements if the nutritional value of the fertiliser is derived only from trace elements or the salts of trace elements.


4—Mandatory instructions (1) For the purposes of the definition of mandatory instruction in section 3(1) of the Act, an

instruction on an approved label for containers for a registered agricultural chemical product or a registered veterinary chemical product is a mandatory instruction if—

(a) it uses the words "must", "must not", "may not", "do not", "not to be used", "not for use" or "use only"; or

(b) it contains a statement that the product is for use only by a person who has specified qualifications.

(2) For the purposes of the definition of mandatory instruction in section 3(1) of the Act, an instruction on an approved label for containers for a registered veterinary chemical product is a mandatory instruction if it is preceded by the heading "Restraints".

5—Trade species animal For the purposes of paragraph (c) of the definition of trade species animal in section 3(1) of the Act, horses, donkeys and mules are declared to be trade species animals.

Part 2—Agricultural chemical products 6—Off-label use of registered agricultural chemical products (1) A person must not use a registered agricultural chemical product in contravention of this

regulation except as authorised by a permit.

Maximum penalty: $10 000.

(2) If the approved label for containers for the product includes instructions for the use of the product on specified crops, or in specified situations, in this State or in all States, the product—

(a) must not be used on a crop, or in a situation, not so specified; and

(b) must not be used on a crop, or in a situation, so specified at a rate or frequency that exceeds the rate or frequency specified on the label for use on that crop or in that situation (whether or not the specified rate or frequency is stated to be a maximum rate or frequency).

(3) If the approved label for containers for the product does not include instructions for the use of the product on specified crops, or in specified situations, in this State but includes such instructions for another State, the product—

(a) must not be used in this State on a crop, or in a situation, not specified on the label for another State; and

(b) must not be used in this State on a crop, or in a situation, specified on the label for another State at a rate or frequency that exceeds the highest rate or frequency specified on the label for use on that crop or in that situation (whether or not the specified rate or frequency is stated to be a maximum rate or frequency).

(4) This regulation does not apply to the use of a home garden product unless the product is used on a plant being grown or used for the purposes of trading in the plant or products derived from the plant or for producing products for sale.


7—Exemption in relation to horticultural crops (1) A person who is an accredited participant of an approved quality assurance scheme is

exempt from regulation 6 in relation to the use of a product on a horticultural crop in respect of which the scheme is approved on condition that the product is not used at a rate or frequency that exceeds the highest rate or frequency specified on the approved label for use on any crop (whether or not the specified rate or frequency is stated to be a maximum rate or frequency).

(2) The Minister may, by notice in the Gazette, approve a quality assurance scheme for a specified horticultural crop.

(3) A person is an accredited participant of an approved quality assurance scheme only if he or she satisfies requirements specified by the Minister in the notice approving the quality assurance scheme or by subsequent notice in the Gazette.

(4) A notice under subregulation (2) will be taken to be revoked on the third anniversary of the day on which it was made.

8—Exemptions in relation to home garden products (1) A person is exempt from section 7 of the Act in relation to the use of a home garden

product unless the person is using the product on a plant that is being grown or used for the purposes of trading in the plant or products derived from the plant or for producing products for sale.

(2) A person is exempt from section 7 of the Act in relation to the disposal of a home garden product.

(3) A person is exempt from section 8 of the Act in relation to the keeping of a home garden product.

Part 3—Fertilisers

Division 1—Standards for fertilisers

Subdivision 1—Maximum permitted concentrations of heavy metals

9—Maximum permitted concentration of cadmium The concentration of cadmium in a fertiliser must not exceed—

(a) in the case of a phosphatic fertiliser—300 mg for each kilogram of phosphorus in the fertiliser;

(b) in the case of a non-phosphatic fertiliser—

(i) if the fertiliser is wholly constituted of trace elements—50 mg for each kilogram of the fertiliser; or

(ii) in any other case—10 mg for each kilogram of the fertiliser.

10—Maximum permitted concentration of lead The concentration of lead in a fertiliser must not exceed the following amount for each kilogram of the fertiliser:

(a) in the case of a foliar fertiliser wholly constituted of trace elements—500 mg; or


(b) in the case of a fertiliser (other than a foliar fertiliser) wholly constituted of trace

elements—2 000 mg; or

(c) in the case of a fertiliser partially constituted of trace elements—500 mg; or

(d) in any other case—100 mg.

11—Maximum permitted concentration of mercury The concentration of mercury in a fertiliser must not exceed the following amount for each kilogram of the fertiliser:

(a) in the case of a phosphatic fertiliser—10 mg; or

(b) in any other case—5 mg.

Subdivision 2—Standards for gypsum and lime fertilisers

12—Minimum percentage of sulphur in gypsum fertilisers A fertiliser supplied as gypsum must contain at least the following percentage of sulphur:

(a) in the case of fertiliser supplied as premium grade gypsum—16.7% in weight of the total weight of the fertiliser;

(b) in the case of fertiliser supplied as grade 1 gypsum—15% in weight of the total weight of the fertiliser;

(c) in the case of fertiliser supplied as grade 2 gypsum—12.5% in weight of the total weight of the fertiliser;

(d) in the case of fertiliser supplied as grade 3 gypsum—10% in weight of the total weight of the fertiliser.

13—Fineness of gypsum fertilisers If a fertiliser is supplied as gypsum—

(a) at least 50% of the total amount of the fertiliser must be capable of passing through a sieve with apertures of 2 mm; and

(b) at least 80% of the total amount of the fertiliser must be capable of passing through a sieve with apertures of 5.6 mm.

14—Maximum permitted moisture content of gypsum fertilisers The moisture content of a fertiliser supplied as gypsum must not exceed 15% of the total amount of the fertiliser (disregarding any water bound in the gypsum mineral structure of the fertiliser).

15—Minimum neutralising value of lime fertilisers A fertiliser supplied as lime must have the following minimum neutralising value:

(a) in the case of fertiliser supplied as grade 1 lime—80%;

(b) in the case of fertiliser supplied as grade 2 lime—65%;

(c) in the case of a fertiliser supplied as grade 3 lime—50%.


Division 2—Labelling and information

Subdivision 1—General provisions

16—Requirement for label or advice note (1) A fertiliser must—

(a) if supplied in a package—have affixed to, or printed or stencilled on, the package a label or advice note that complies with this Division; or

(b) if supplied without a package—be supplied in accordance with this regulation with a label or advice note that complies with this Division.

(2) If fertiliser supplied without a package is delivered to a person, the label or advice note for the fertiliser must be handed to the person or an agent of the person.

(3) If fertiliser supplied without a package is delivered to premises where no person is in attendance to accept delivery of the label or advice note for the fertiliser, the label or advice note must, within 7 days of the delivery, be given or sent to the person to whom the fertiliser was supplied.

(4) If—

(a) a fertiliser supplied as gypsum, lime or liming materials is supplied without a package to a person on more than one occasion during a calendar year; and

(b) on each occasion the specifications of the fertiliser are the same,

compliance with the preceding subregulations is required only in relation to the first supply of the fertiliser during that year.

17—General information to be included on label or advice note A label or advice note for a fertiliser must state—

(a) the distinctive name of the fertiliser; and

(b) the name and principal place of business of the manufacturer or supplier of the fertiliser.

18—Use of numbers in name of fertiliser on label or advice note If the name of a fertiliser on a label or advice note for the fertiliser includes a number to indicate the percentage concentration of a nutrient in the fertiliser—

(a) a number including or below the mid range (other than 0.5 or less) must be rounded down to the nearest whole number or the first decimal place;

(b) a number above the mid range must be rounded up to the nearest whole number or the first decimal place.

Subdivision 2—Requirements relating to content of fertilisers

19—Information about content and form of nutrients (1) A label or advice note for a fertiliser must state the name of each element present in the

fertiliser and—

(a) if the fertiliser contains nitrogen—the following information:

(i) the percentage of nitrogen as nitrate;


(ii) the percentage of nitrogen as ammonium;

(iii) the percentage of nitrogen as urea;

(iv) the percentage of nitrogen in any other form (to be stated);

(v) the total percentage content of nitrogen; and

(b) if the fertiliser contains phosphorus—the following information:

(i) the percentage of phosphorus as water soluble;

(ii) the percentage of phosphorus as ammonium citrate soluble;

(iii) the percentage of phosphorus as ammonium citrate insoluble;

(iv) the percentage of phosphorus in any other form (to be stated);

(v) the total percentage content of phosphorus; and

(c) if the fertiliser contains potassium—the following information:

(i) the percentage of potassium as chloride;

(ii) the percentage of potassium as nitrate;

(iii) the percentage of potassium as phosphate;

(iv) the percentage of potassium as sulphate;

(v) the percentage of potassium in any other form (to be stated);

(vi) the total percentage content of potassium; and

(d) if the fertiliser contains calcium—the following information:

(i) the percentage of calcium as carbonate;

(ii) the percentage of calcium as hydroxide;

(iii) the percentage of calcium as oxide;

(iv) the percentage of calcium as sulphate;

(v) the percentage of calcium as nitrate;

(vi) the percentage of calcium as chloride;

(vii) the percentage of calcium as superphosphate or phosphate;

(viii) the percentage of calcium as silicate;

(ix) the percentage of calcium in any other form (to be stated);

(x) the total percentage content of calcium; and

(e) if the fertiliser contains magnesium—the following information:

(i) the percentage of magnesium as carbonate;

(ii) the percentage of magnesium as hydroxide;

(iii) the percentage of magnesium as oxide;

(iv) the percentage of magnesium as silicate;

(v) the percentage of magnesium as sulphate;

(vi) the total percentage content of magnesium; and


(f) if the fertiliser contains sulphur—the following information:

(i) the percentage of sulphur as sulphate;

(ii) the percentage of sulphur as elemental sulphur;

(iii) the percentage of sulphur in any other form (to be stated);

(iv) the total percentage content of sulphur; and

(g) if the fertiliser contains micro-nutrients as a straight product, blended or as a coating—the following information in relation to each micro-nutrient:

(i) the percentage of the micro-nutrient as sulphate;

(ii) the percentage of the micro-nutrient as chelate and the form of the chelate;

(iii) the percentage of the micro-nutrient as oxide;

(iv) the percentage of the micro-nutrient in any other form (to be stated).

(2) If a fertiliser is named on a label or advice note by use of a number that does not reflect the actual percentage content of each element present in the fertiliser, the label or advice note must also state each element's percentage content directly below the fertiliser's name.

20—Order in which nutrients in fertiliser must be listed A label or advice note for a fertiliser must—

(a) list the following nutrients in the following order:

(i) nitrogen;

(ii) phosphorus;

(iii) potassium;

(iv) sulphur;

(v) calcium;

(vi) magnesium; and

(b) list all other nutrients in decreasing quantity.

21—Concentration of nutrients in fertiliser A label or advice note for a fertiliser must state the concentration of a nutrient in the fertiliser—

(a) in the case of a fertiliser supplied by weight—as a percentage in weight of the total weight of the fertiliser (% wt/wt);

(b) in the case of a fertiliser sold by volume—as a percentage in weight of the total volume of the fertiliser (% wt/vol).

22—Information about micro-nutrients added during manufacture If a fertiliser contains micro-nutrients added during a manufacturing process and, due to chemical reactions the form of the micro-nutrients in the end product is not known, the label or advice note for the fertiliser must state the concentration of micro-nutrients present in the fertiliser in elemental form.


23—Information about fineness of elemental sulphur

If a fertiliser contains elemental sulphur, the label or advice note for the fertiliser must state—

(a) the percentage of sulphur particles capable of passing through a sieve with apertures of 0.25 mm; and

(b) the percentage of sulphur particles capable of passing through a sieve with apertures of 0.5 mm but not through a sieve with an aperture of 0.25 mm; and

(c) the percentage of sulphur particles not capable of passing through a sieve with apertures of 0.5 mm.

24—Information about fineness of rock phosphate A label or advice note for a fertiliser containing rock phosphate must state—

(a) the percentage of the rock phosphate that is capable of passing through a sieve with apertures of 1.003 mm; and

(b) the percentage of the rock phosphate that is capable of passing through a sieve with apertures of 500 microns.

25—Information and warnings about gypsum fertilisers (1) A label or advice note for fertiliser supplied as gypsum must state—

(a) whether the fertiliser is premium grade, grade 1, grade 2 or grade 3 gypsum; and

(b) the minimum amount (expressed as a percentage weight in weight) of each of the following substances in the fertiliser:

(i) gypsum;

(ii) calcium;

(iii) sulphur; and

(c) the minimum percentage of the fertiliser that will pass through a sieve with apertures of 2 mm; and

(d) the minimum percentage of the fertiliser that will pass through a sieve with apertures of 5.6 mm.

(2) If the concentration of sodium in a fertiliser supplied as gypsum exceeds 0.8% for each kilogram of the fertiliser, the label or advice note for the fertiliser must contain—

(a) a statement that continual application of the fertiliser may have a detrimental effect on soil; or

(b) the following warning:

WARNING—This product is not suitable for reclamation of saline sodic soils.

26—Additional information about lime fertilisers (1) A label or advice note for a fertiliser supplied as lime must state—

(a) whether the lime is grade 1, grade 2 or grade 3 lime; and

(b) the neutralising value of the lime.


(2) A label or advice note for a fertiliser supplied as liming material must state the

neutralising value of the liming material.

27—Information about biuret content of fertilisers containing urea If a fertiliser contains urea, the label or advice note for the fertiliser must state the maximum proportion of biuret in the fertiliser.

28—Information and warnings about biuret content of fertilisers If a fertiliser contains biuret, the label or advice note for the fertiliser must contain the following:

(a) for a foliar fertiliser (other than solely for turf) containing—

(i) more than 10 grams but not more than 20 grams of biuret for each kilogram of nitrogen—a warning that the fertiliser is not recommended for repeated foliar application on citrus trees;

(ii) more than 20 grams but not more than 30 grams of biuret for each kilogram of nitrogen—a warning that the fertiliser is not recommended for repeated foliar application on annual or perennial horticultural crops;

(iii) more than 30 grams of biuret for each kilogram of nitrogen—a warning that the fertiliser is not recommended for foliar application;

(b) for a foliar fertiliser used solely on turf—a statement that the fertiliser is for use on turf only and must not be used in other foliar sprays;

(c) for a non-foliar fertiliser—a statement that the fertiliser is for soil application only and must not be used as a foliar spray.

29—Information and warnings about heavy metals in fertilisers (1) A label or advice note for a fertiliser containing cadmium must contain—

(a) a statement of the maximum content of cadmium in milligrams for each kilogram of the fertiliser; and

(b) in the case of a fertiliser containing more than 1 milligram of cadmium for each kilogram of the fertiliser—the following warning:

WARNING—Use of this product may result in cadmium residues in excess of the maximum permissible concentration (MPC) in plant and animal products and may also result in accumulation of these residues in soils.

(2) A label or advice note for a phosphatic fertiliser must state the maximum content of cadmium and fluorine in milligrams for each kilogram of phosphorus in the fertiliser.

(3) A label or advice note for a fertiliser containing lead must contain—

(a) a statement of the maximum content of lead in milligrams for each kilogram of the fertiliser; and

(b) in the case of a fertiliser containing more than 20 milligrams of lead for each kilogram of the fertiliser—the following warning:

WARNING—Use of this product may result in lead residues in excess of the maximum permissible concentration (MPC) in plant and animal products and may also result in accumulation of these residues in soils.


(4) A label or advice note for a fertiliser that is supplied for application on pastures and

contains more than 0.001% of molybdenum must contain the following warning:

WARNING—Excessive use of molybdenum can be harmful to stock. Plant levels of molybdenum can be high for 4 weeks after application. It is advisable to keep stock off treated areas for this period. Check rate and frequency of molybdenum use with appropriate authorities.

(5) A label or advice note for a fertiliser containing mercury must contain—

(a) a statement of the maximum content of mercury in milligrams for each kilogram of the fertiliser; and

(b) in the case of a fertiliser containing more than 0.2 milligrams of mercury per kilogram of the fertiliser—the following warning:

WARNING—Use of this product may result in mercury residues in excess of the maximum permissible concentration (MPC) in plant and animal products and may also result in accumulation of these residues in soils.

(6) A label or advice note for a fertiliser containing more than 0.001% of selenium must contain the following warning:

WARNING—Excessive use of this product can be toxic to livestock and should not be used if selenium deficiency does not exist in stock grazing on the area where the product is to be applied. Do not allow stock access to spilt or unused fertiliser.

Part 4—Veterinary products 30—Prescribed substances (1) For the purposes of section 11 of the Act, substances containing one or more of the

substances specified in Schedule 1 are prescribed.

(2) For the purposes of section 12 of the Act, the substances specified in Schedule 1 are prescribed.

31—Related species of animals For the purposes of section 14(2)(a)(ii)(C) of the Act—

(a) cattle are declared to be related to buffalo, goats and deer; and

(b) chickens are declared to be related to ducks, geese, Guinea fowl, pheasants, quails, pigeons and turkeys; and

(c) alpacas, camels and llamas are declared to be related to each other; and

(d) horses, donkeys and mules are declared to be related to each other; and

(e) kangaroos and wallabies are declared to be related to each other.

32—Off-label use of registered veterinary chemical products (1) A person other than a veterinary surgeon must not use a registered veterinary chemical

product in contravention of this regulation except as authorised by a permit or in accordance with the written instructions of a veterinary surgeon.



(2) If the approved label for containers for the product includes instructions for the use of the

product on specified animals, or in specified situations, in this State or in all States, the product —

(a) must not be used on an animal, or in a situation, so specified at a rate, dosage or frequency that exceeds the rate, dosage or frequency specified on the label for use on that animal or in that situation (whether or not the specified rate, dosage or frequency is stated to be a maximum rate, dosage or frequency); and

(b) must not, if the label specifies a method of administration to an animal, be administered to an animal by any other method.

(3) If the approved label for containers for the product does not include instructions for the use of the product on specified animals, or in specified situations, in this State but includes such instructions for another State, the product may be used in this State on an animal, or in a situation, specified for another State but—

(a) must not be used at a rate or frequency that exceeds the highest rate or frequency specified on the label for use on that animal or in that situation (whether or not the specified rate or frequency is stated to be a maximum rate or frequency); and

(b) must not, if the label specifies a method of administration to an animal, be administered to an animal by any other method.

33—Records to be kept by veterinary surgeons (1) A veterinary surgeon who treats trade species animals using a veterinary chemical product

in a manner that contravenes a mandatory instruction on the approved label for containers of the product must, unless he or she is using the product in accordance with a permit, keep a record of the following information:

(a) the approval number allocated to the product by the NRA or the full name of the product and the concentration of each active constituent used in treating the animals;

(b) the date on which the product was used;

(c) the address at which the product was used;

(d) the name, address and telephone number of the person responsible for the care of the animals treated using the product;

(e) the species of animal treated using the product;

(f) the number of animals treated using the product;

(g) the nature of the departure from the mandatory instruction.


Expiation fee: $210.

(2) A veterinary surgeon who treats animals using a veterinary product prepared by him or her must keep a record of the following information:

(a) the concentration of each active constituent used in treating the animals;

(b) the date on which the product was used;

(c) the address at which the product was used;

(d) the name, address and telephone number of the person responsible for the care of the animals treated using the product;


(e) the species of animal treated using the product;

(f) the number of animals treated using the product.



(3) A veterinary surgeon must, on request by the Minister in writing, provide the Minister with specified information contained in a record kept under this regulation within the time specified in the request.



Part 5—Miscellaneous 34—Restrictions on use of certain agricultural or veterinary products

If a person uses an agricultural or veterinary product of a kind specified in the left column of the table in Schedule 2 and the person does not belong to a class of persons specified opposite in the right column of the table, the person is guilty of an offence.


35—Products prohibited for use in treating food-producing animals A person must not treat an animal kept or used as a food-producing species (within the meaning of the Agvet Code of South Australia) using a product specified in Schedule 3 except as authorised by a permit.


36—Confidentiality For the purposes of section 38(a) of the Act, the following Acts are prescribed:

(a) the Controlled Substances Act 1984;

(b) the Dangerous Substances Act 1979;

(c) the Environment Protection Act 1993;

(d) the Occupational Health, Safety and Welfare Act 1986;

(e) the Public and Environmental Health Act 1987.

37—Variation or revocation of notices The Minister may, by subsequent notice in the Gazette, vary or revoke a notice published in the Gazette under these regulations.

Schedule 1—Substances prescribed for purposes of sections 11 and 12 of Act

Aldrin Benzene hexachloride (BHC) Chlordane DDT Dieldrin Endrin


Heptachlor Hexachlorobenzene (HCB) Lindane Methoxychlor Toxaphene (camphechlor)

Schedule 2—Restricted agricultural and veterinary products

Agricultural or veterinary product Class of person authorised to use product

1 An agricultural chemical product that is a pre-construction termiticide product containing bifenthrin or chlorpyrifos.

A person who holds a valid pest management technician's licence under the Controlled Substances (Pesticides) Regulations 2003 authorising the person to use that product pursuant to the licence.

2 An agricultural chemical product containing pindone if—

(a) the product is a concentrate; and

(b) the instructions on the approved label for containers of the product require the product to be mixed with carriers before it is ready for use as a bait.

A person who holds a valid pest management technician's licence under the Controlled Substances (Pesticides) Regulations 2003 authorising the person to use that product pursuant to the licence.

An authorised officer under the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 who has been trained in the use of that product.

3 An agricultural chemical product containing sodium monofluoroacetate (1080) if—

(a) the product is a concentrate; and

(b) the instructions on the approved label for containers of the product require the product to be mixed with carriers before it is ready for use as a bait.

An authorised officer under the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 who has been trained in the use of that product.

A person who is authorised to handle that product pursuant to a licence issued under section 22 of the Controlled Substances Act 1984.

4 An agricultural chemical product containing—

(a) mevinphos; or

(b) endosulfan; or

(c) acrolein.

A person who holds a prescribed qualification.

5 An agricultural product or a veterinary product to which section 15 of the Controlled Substances Act 1984 applies.

A person who holds a prescribed qualification.

Schedule 3—Products prohibited for use in treating food-producing animals

Chloramphenicol and any product related to chloramphenicol Crystal (gentian) violet Diethylstilboestrol and any product related to diethylstilboestrol Dihydrostreptomycin (injectable) Fluoroquinolone antibiotics Gentamycin Nitrofuran antibacterials including furaldatone, furazolidone, nifuraldizone, nitrofurantoin and nitrofurazone


Strychnine Sulfonamide antibacterials other than sulfadiazine, sulfadimidine, sulfadoxine, sulfaquinoxaline or sulfatroxazole

Schedule 4—Revocation of Agricultural Chemicals Regulations 1996 The Agricultural Chemicals Regulations 1996 are revoked.

Note—




No 182 of 2004

MAFF0012/03CS


South Australia

Livestock Variation Regulations 2004

under the Livestock Act 1997

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Variation provisions

Part 2—Variation of Livestock Regulations 1998 4 Substitution of Part 9

Part 9—Stock foods

Division 1—Preliminary 35 Interpretation

Division 2—Feeding of livestock 36 Feeding of restricted animal material to ruminants 37 Feeding of restricted animal material from placental mammals to non-ruminants 38 Feeding of stock foods containing faeces 39 Feeding of stock foods containing registered veterinary products

Division 3—Standards for stock foods 40 Offence 41 Restricted animal material in stock foods 42 Substances prohibited in stock foods 43 Organochlorine pesticides in stock foods 44 Antioxidants in stock foods 45 Registered veterinary products in stock foods

Division 4—Labelling of manufactured stock foods 46 Offences 47 Requirement for label or advice note 48 General information to be included on label or advice note 49 Information about restricted animal material content

5 Substitution of Schedule 2

Schedule 2—Stock foods

Part 1—Prohibited substances

Part 2—Permitted levels of organochlorine pesticides

Part 3—Permitted levels of certain antioxidants

Part 3—Revocation of Stock Foods Regulations 1996 6 Revocation



These regulations may be cited as the Livestock Variation Regulations 2004.

2—Commencement These regulations will come into operation on the day on which the Agricultural and Veterinary Products (Control of Use) Act 2002 comes into operation.

3—Variation provisions In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Livestock Regulations 1998 4—Substitution of Part 9

Part 9—delete Part 9 and substitute:

Part 9—Stock foods

Division 1—Preliminary

35—Interpretation

In this Part—

Agvet Code of South Australia—see the Agricultural and Veterinary Chemicals (South Australia) Act 1994;

approved label has the same meaning as in the Agvet Code of South Australia;

manufactured stock food means anything that is manufactured or processed as food for livestock but does not include stock food comprised only of chaff, hay or wholegrains;

package means anything in or by which a stock food is cased, covered, enclosed, contained or packed;

permit has the same meaning as in the Agvet Code of South Australia;

registered veterinary product has the same meaning as in the Agvet Code of South Australia;

restricted animal material means material derived wholly or partly from a vertebrate, but does not include milk, a milk product, gelatine, tallow or an extracted oil;

stock food means—

(a) manufactured stock food; or

(b) chaff, hay or wholegrains; or

(c) anything else used as food for livestock;

supply means supply through sale, gift, loan, exchange or hire and includes offer to supply.


Division 2—Feeding of livestock

36—Feeding of restricted animal material to ruminants

A person must not;

(a) feed to ruminants, or permit ruminants to feed on, restricted animal material (whether or not the material has been rendered suitable for animal consumption); or

(b) dispose of restricted animal material (whether or not the material has been rendered suitable for animal consumption) in a manner that ruminants may gain access to it.


37—Feeding of restricted animal material from placental mammals to non-ruminants

(1) A person must not—

(a) feed to livestock, or permit livestock to feed on, restricted animal material from a placental mammal unless the material has been rendered suitable for animal consumption by means of a process approved by the Chief Inspector; or

(b) dispose of restricted animal material from a placental mammal that has not been rendered suitable for animal consumption as referred to in paragraph (a) in a manner that livestock may gain access to it.


(2) In subregulation (1)—

livestock does not include cats, dogs or ruminants.

38—Feeding of stock foods containing faeces

A person must not feed to livestock, or permit livestock to feed on, a stock food that consists wholly or partly of faeces.


39—Feeding of stock foods containing registered veterinary products

A person must not feed to livestock, or permit livestock to feed on, a stock food that contains a registered veterinary product unless—

(a) —

(i) the product is registered for use on the species of animal to which the livestock belongs; and

(ii) the stock food is being used to treat the livestock for a disease or condition of the livestock, or infestation of the livestock by a pest, specified on the approved label for containers of that product; or

(b) the person does so in accordance with a permit or the instructions of a veterinary surgeon responsible for treating the livestock.



Division 3—Standards for stock foods

40—Offence (1) A person must not supply stock food unless the stock food complies with

the standards prescribed by this Division.


(2) This regulation does not apply in relation to stock food supplied for consumption by cats, dogs, caged birds (other than poultry) or aquarium fish.

41—Restricted animal material in stock foods

(1) A stock food supplied for consumption by ruminants must not contain restricted animal material.

(2) A stock food supplied for consumption by non-ruminant livestock must not contain restricted animal material from a placental mammal unless the material has been rendered suitable for animal consumption by means of a process approved by the Chief Inspector.

42—Substances prohibited in stock foods

A stock food must not contain a substance specified in Schedule 2 Part 1 except as provided in that Part.

43—Organochlorine pesticides in stock foods

A substance specified in Schedule 2 Part 2 must not be present in stock food in a level that is more than the maximum level prescribed by that Part for that substance.

44—Antioxidants in stock foods

A substance specified in Schedule 2 Part 3 must not be present in stock food in a level that is more than the maximum level prescribed by that Part for that substance.

45—Registered veterinary products in stock foods (1) A stock food must not contain a registered veterinary product unless—

(a) the stock food is supplied for consumption by a species of animal for which the product is registered for use on; and

(b) the stock food is supplied for the purpose of treating such an animal for a disease or condition of the animal, or infestation of the animal by a pest, specified on the approved label for containers of that product; and

(c) the proportion or amount of the product in the stock food is a proportion or amount determined in accordance with the directions for use of the product specified on the approved label for containers of the product.

(2) Subregulation (1) does not prevent stock food containing a registered veterinary product being supplied to a veterinary surgeon for use in the treatment of livestock or to a person holding a permit authorising the supply or use of the registered veterinary product in stock food.


Division 4—Labelling of manufactured stock foods

46—Offences

(1) A person must not supply manufactured stock food unless the stock food is labelled, or information is provided to the person to whom the stock food is supplied, in accordance with this Division.



(2) A person must not, without reasonable excuse—

(a) deface, alter or obscure a label for a package of stock food containing information required by this Division; or

(b) remove from a package of stock food containing restricted animal material a label for the food containing information required by this Division.



(3) This regulation does not apply in relation to stock food supplied for consumption by cats, dogs, caged birds (other than poultry) or aquarium fish.

47—Requirement for label or advice note

(1) A stock food must—

(a) if supplied in a package—have affixed to, or printed or stencilled on, the package a label that complies with this Division; or

(b) if supplied without a package—be supplied in accordance with this regulation with an advice note that complies with this Division.

(2) If stock food supplied without a package is delivered to a person, the advice note for the stock food must be handed to the person or an agent of the person.

(3) If stock food supplied without a package is delivered to premises where no person is in attendance to accept delivery of the advice note for the stock food, the advice note must, within 7 days of the delivery, be given or sent to the person to whom the stock food was supplied.

48—General information to be included on label or advice note

A label or advice note for a stock food must state—

(a) the distinctive name of the stock food; and

(b) the name and principal place of business of the manufacturer, producer or supplier of the stock food.


49—Information about restricted animal material content

(1) If—

(a) a stock food manufactured or produced before 20 December 2001 contains restricted animal material from animals other than fish or birds; and

(b) the stock food is not supplied for consumption by dogs or pigeons; and

(c) the label or advice note for the stock food does not contain a statement that the stock food is suitable for consumption by non-ruminant livestock only,

the label or advice note for the stock food must contain—

(d) a statement indicating whether or not the restricted animal material is from a placental mammal; and

(e) if the restricted animal material is from a placental mammal—a statement indicating that the stock food must not be fed to ruminants.

(2) A label or advice note for a stock food manufactured or produced on or after 20 December 2001 must—

(a) if the stock food contains restricted animal material—contain the following statement:

This product contains restricted animal material—DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS.

(b) if the stock food does not contain restricted animal material—contain the following statement:

This product does not contain restricted animal material.

5—Substitution of Schedule 2 Schedule 2—delete Schedule 2 and substitute:

Schedule 2—Stock foods

Part 1—Prohibited substances Hormones (whether a natural or synthetic product) Hydroquinone Phenothiazine Phthalysulfacetamide Piperazine and related compounds Promazines Reserpine Sulfacetamide Sulfacetamide sodium Sulfachloropyridazine Sulfafurazole


Sulfamethoxydiazine Sulfamonomethoxine Sulfanilimide Sulfanitran Sulfapyridine Sulfathiazole Thiofurfuran (except in stock food supplied for consumption by pigs) Thiouracil

Part 2—Permitted levels of organochlorine pesticides

Substance Permitted maximum level

Aldrin 0.01 ppm

Chlordane 0.01 ppm

DDT, DDD, DDE combined total 0.05 ppm

Dieldrin 0.01 ppm

Endrin 0.03 ppm

Heptachlor 0.02 ppm

Hexachlorobenzene (HCB) 0.01 ppm

Lindane (BHC) 0.10 ppm

Any combination of the above 0.10 ppm in aggregate

ppm = parts per million

Part 3—Permitted levels of certain antioxidants

Substance Permitted maximum level

Butylated hydroxy toluene 100 ppm

Butylated hydroxy anisole 100 ppm

Ethoxyquin 150 ppm

Propyl gallate 100 ppm

Any combination of the above 150 ppm in aggregate

ppm = parts per million

Part 3—Revocation of Stock Foods Regulations 1996 6—Revocation

The Stock Foods Regulations 1996 are revoked.

Note—





No 183 of 2004

MAFF04/0014CS


South Australia

Subordinate Legislation (Postponement of Expiry) Regulations 2004

under the Subordinate Legislation Act 1978

Contents 1 Short title 2 Commencement 3 Interpretation 4 Postponement of expiry for one year—Regulations made before 1 January 1994 5 Revocation of obsolete regulations

Schedule 1—Postponement of expiry

Schedule 2—Revocation

1—Short title These regulations may be cited as the Subordinate Legislation (Postponement of Expiry) Regulations 2004.


3—Interpretation In these regulations, unless the contrary intention appears—

Act means the Subordinate Legislation Act 1978.

4—Postponement of expiry for one year—Regulations made before 1 January 1994 The expiry under Part 3A of the Act of the regulations listed in Schedule 1 is postponed for a period of one year commencing on 1 September 2004.

5—Revocation of obsolete regulations The regulations listed in Schedule 2 are revoked (unless they have already been impliedly revoked).

Schedule 1—Postponement of expiry Aboriginal Lands Trust (Control of Alcoholic Liquor and Regulated Substances on Yalata Reserve) Regulations 1990 made under the Aboriginal Lands Trust Act 1966 (see Gazette 30.8.1990 p737)

Adelaide Festival Centre Trust Regulations 1992 made under the Adelaide Festival Centre Trust Act 1971 (see Gazette 27.8.1992 p950)

Ambulance Services Regulations 1993 made under the Ambulance Services Act 1992 (see Gazette 25.2.1993 p727)


Associations Incorporation Regulations 1993 made under the Associations Incorporation Act 1985 (see Gazette 20.5.1993 p1709)

Botanic Gardens and State Herbarium Regulations 1993 made under the Botanic Gardens and State Herbarium Act 1978 (see Gazette 15.7.1993 p569)

Children's Services (Appeals) Regulations 1993 made under the Children's Services Act 1985 (see Gazette 14.1.1993 p191)

Chiropractors Regulations 1992 made under the Chiropractors Act 1991 (see Gazette 14.5.1992 p1397)

Citrus Industry Regulations 1992 made under the Citrus Industry Act 1991 (see Gazette 13.2.1992 p447)

Classification of Theatrical Performances Regulations 1993 made under the Classification of Theatrical Performances Act 1978 (see Gazette 19.8.1993 p888)

Construction Industry Training Fund Regulations 1993 made under the Construction Industry Training Fund Act 1993 (see Gazette 5.8.1993 p753)

Courts Administration Regulations 1993 made under the Courts Administration Act 1993 (see Gazette 1.7.1993 p358)

Crown Proceedings Regulations 1993 made under the Crown Proceedings Act 1992 (see Gazette 4.11.1993 p2205)

Dairy Industry Regulations 1993 made under the Dairy Industry Act 1992 (see Gazette 1.7.1993 p403)

Development Regulations 1993 made under the Development Act 1993 (see Gazette 27.10.1993 p1954)

Environment, Resources and Development Court Regulations 1993 made under the Environment, Resources and Development Court Act 1993 (see Gazette 27.10.1993 p2094)

Evidence (Reproduction of Documents) Regulations 1993 made under the Evidence Act 1929 (see Gazette 8.4.1993 p1273)

Fair Trading (Health and Fitness Industry Code of Practice) Regulations 1992 made under the Fair Trading Act 1987 (see Gazette 27.2.1992 p578)

Fees Regulation (Education) Regulations 1990 made under the Fees Regulation Act 1927 (see Gazette 12.7.1990 p285)

Fees Regulation (Stock Medicines) Regulations 1992 made under the Fees Regulation Act 1927 (see Gazette 16.4.1992 p1166)

Firearms Regulations 1993 made under the Firearms Act 1977 (see Gazette 29.4.1993 p1482)

Fisheries (Fish Processors) Regulations 1991 made under the Fisheries Act 1982 (see Gazette 27.6.1991 p2172)

Fisheries (Scheme of Management—Abalone Fisheries) Regulations 1991 made under the Fisheries Act 1982 (see Gazette 27.6.1991 p2123)

Fisheries (Scheme of Management—Lakes and Coorong Fishery) Regulations 1991 made under the Fisheries Act 1982 (see Gazette 27.6.1991 p2178)

Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991 made under the Fisheries Act 1982 (see Gazette 27.6.1991 p2187)


Fisheries (Scheme of Management—Prawn Fisheries) Regulations 1991 made under the Fisheries Act 1982 (see Gazette 27.6.1991 p2133)

Fisheries (Scheme of Management—River Fishery) Regulations 1991 made under the Fisheries Act 1982 (see Gazette 27.6.1991 p2197)

Fisheries (Scheme of Management—Rock Lobster Fisheries) Regulations 1991 made under the Fisheries Act 1982 (see Gazette 27.6.1991 p2143)

Forestry (Recreational Access and Use of Reserves) Regulations 1989 made under the Forestry Act 1950 (see Gazette 11.1.1990 p58)

Freedom of Information (Exempt Agency) Regulations 1993 made under the Freedom of Information Act 1991 (see Gazette 21.1.1993 p409)

Gaming Machines Regulations 1993 made under the Gaming Machines Act 1992 (see Gazette 11.3.1993 p861)

Heritage Regulations 1993 made under the Heritage Act 1993 (see Gazette 27.10.1993 p2102)

Housing Improvement (Standards) Regulations 1992 made under the Housing Improvement Act 1940 (see Gazette 27.8.1992 p966)

Lottery and Gaming Regulations 1993 made under the Lottery and Gaming Act 1936 (see Gazette 27.10.1993 p1901)

Members of Parliament (Register of Interests) Regulations 1993 made under the Members of Parliament (Register of Interests) Act 1983 (see Gazette 1.7.1993 p409)

Pastoral Land Management and Conservation Regulations 1991 made under the Pastoral Land Management and Conservation Act 1989 (see Gazette 18.4.1991 p1351)

Pharmacists Regulations 1991 made under the Pharmacists Act 1991 (see Gazette 21.11.1991 p1334)

Physiotherapists Regulations 1991 made under the Physiotherapists Act 1991 (see Gazette 5.12.1991 p1710)

Public and Environmental Health Regulations 1991 made under the Public and Environmental Health Act 1987 (see Gazette 6.6.1991 p1824)

Public and Environmental Health (Cervical Cancer Screening) Regulations 1993 made under the Public and Environmental Health Act 1987 (see Gazette 18.2.1993 p626)

Rates and Land Tax Remission Regulations 1990 made under the Rates and Land Tax Remission Act 1986 (see Gazette 5.4.1990 p964)

Roads (Opening and Closing) Regulations 1991 made under the Roads (Opening and Closing) Act 1991 (see Gazette 31.10.1991 p1212)

Roads (Opening and Closing) Fees Regulations 1991 made under the Roads (Opening and Closing) Act 1991 (see Gazette 31.10.1991 p1216)

Sheriff's Regulations 1992 made under the Sheriff's Act 1978 (see Gazette 2.7.1992 p236)

South Australian Co-operative and Community Housing (Electoral Procedures) Regulations 1992 made under the South Australian Co-operative and Community Housing Act 1991 (see Gazette 3.12.1992 p1709)

South Australian Co-operative and Community Housing (General) Regulations 1992 made under the South Australian Co-operative and Community Housing Act 1991 (see Gazette 9.1.1992 p33)


South Australian Health Commission (Cancer) Regulations 1991 made under the South Australian Health Commission Act 1976 (see Gazette 6.6.1991 p1832)

Stock Medicines (Hormonal Growth Promotants) Regulations 1993 made under the Stock Medicines Act 1939 (see Gazette 18.2.1993 p642)

Summary Procedure (Industrial Offences) Regulations 1992 made under the Summary Procedure Act 1921 (see Gazette 2.7.1992 p224)

Summary Procedure (Witness Fees) Regulations 1992 made under the Summary Procedure Act 1921 (see Gazette 2.7.1992 p222)

Superannuation (Bordertown Memorial Hospital Employees) Regulations 1993 made under the Superannuation Act 1988 (see Gazette 1.7.1993 p382)

Superannuation (Child, Adolescent and Family Health Service Employees) Regulations 1993 made under the Superannuation Act 1988 (see Gazette 9.9.1993 p1075)

Superannuation (Kingston Soldiers' Memorial Hospital Employees) Regulations 1993 made under the Superannuation Act 1988 (see Gazette 1.7.1993 p397)

Superannuation (STA Employees) Regulations 1991 made under the Superannuation Act 1988 (see Gazette 20.6.1991 p1935)

Survey Regulations 1992 made under the Survey Act 1992 (see Gazette 1.10.1992 p1250)

Trade Measurement (Administration) Regulations 1993 made under the Trade Measurement Administration Act 1993 (see Gazette 30.9.1993 p1445)

Trade Measurement (Measuring Instruments) Regulations 1993 made under the Trade Measurement Act 1993 (see Gazette 30.9.1993 p1411)

Trade Measurement (Miscellaneous) Regulations 1993 made under the Trade Measurement Act 1993 (see Gazette 30.9.1993 p1387)

Trade Measurement (Pre-Packed Articles) Regulations 1993 made under the Trade Measurement Act 1993 (see Gazette 30.9.1993 p1422)

Trade Measurement (Weighbridges) Regulations 1993 made under the Trade Measurement Act 1993 (see Gazette 30.9.1993 p1390)

Valuation of Land Regulations 1991 made under the Valuation of Land Act 1971 (see Gazette 27.6.1991 p2206)

Wilderness Protection Regulations 1992 made under the Wilderness Protection Act 1992 (see Gazette 18.6.1992 p1781)

Young Offenders Regulations 1993 made under the Young Offenders Act 1993 (see Gazette 9.12.1993 p2897)

Schedule 2—Revocation Barley Marketing Regulations 1993 made under the Barley Marketing Act 1993 (see Gazette 27.5.1993 p1769)

Real Property (Amalgamation Units) Regulations 1992 made under the Real Property Act 1886 (see Gazette 21.5.1992 p1475)


Subordinate Legislation (Postponement of Expiry) Regulations 2003 made under the Subordinate Legislation Act 1978 (see Gazette 28.8.2003 p3384)

Superannuation (Lotteries Commission Staff Retirement Benefit Fund) Regulations 1991 made under the Superannuation Act 1988 (see Gazette 20.6.1991 p1933)

Note—




No 184 of 2004

DPC 023/97 Pt.2 CS


South Australia

Fisheries (Aquatic Reserves) Regulations 2004

under the Fisheries Act 1982

Contents 1 Short title 2 Commencement 3 Interpretation 4 Access to and fishing activities in aquatic reserves 5 Regulations to have effect subject to Fisheries (General) Regulations 2000

Schedule 1—Access to and fishing activities in aquatic reserves 1 Interpretation

Schedule 2—Revocation of Fisheries Act (Aquatic Reserves) Regulations 1989

1—Short title These regulations may be cited as the Fisheries (Aquatic Reserves) Regulations 2004.



Act means the Fisheries Act 1982.

4—Access to and fishing activities in aquatic reserves For the purposes of section 48G(1) of the Act, a person may—

(a) enter and remain in an aquatic reserve; and

(b) engage in a fishing activity in an aquatic reserve,

as permitted by Schedule 1.

5—Regulations to have effect subject to Fisheries (General) Regulations 2000 These regulations have effect subject to the Fisheries (General) Regulations 2000, and nothing in these regulations authorises a person to act in contravention of those regulations.

Schedule 1—Access to and fishing activities in aquatic reserves 1—Interpretation (1) Words and expressions used in this Schedule that are defined in the Fisheries (General)

Regulations 2000 have the same respective meanings as in those regulations.


(2) A reference to a named aquatic reserve in this Schedule is a reference to the aquatic

reserve of that name as defined from time to time by proclamation made under section 47 of the Act.

Aquatic reserve Persons permitted access to aquatic reserve

Fishing activity permitted in aquatic reserve

Aldinga Reef Aquatic Reserve Any person No fishing activity is permitted.

American River Aquatic Reserve

Any person No fishing activity is permitted.

Bales Beach Aquatic Reserve Any person No fishing activity is permitted.

Barker Inlet—St Kilda Aquatic Reserve

Any person The taking of fish by using a rod and line or hand line.

The taking of bloodworms (Class Polychaeta) for bait by using a hand net.

Blanche Harbour—Douglas Bank Aquatic Reserve

Any person The taking of fish by using a hand fish spear.

Goose Island Aquatic Reserve Any person No fishing activity is permitted.

Point Labatt Aquatic Reserve No person No fishing activity is permitted.

Port Noarlunga Reef Aquatic Reserve

Any person The taking of fish by using a rod and line or a hand line in the portion of the Reserve comprising waters bounded as follows:

Commencing at the point where latitude 35° 09.20' S intersects with the high water mark, then in a generally westerly direction to position latitude 35° 09.26' S, longitude 138° 27.72' E, then in a generally northerly direction to position latitude 35° 08.82' S, longitude 138° 27.62' E, then in a generally easterly direction to the point where latitude 35° 08.77' S intersects with the high water mark, and then along the high water mark in a generally southerly direction to the point of commencement,

but not—

(a) from a boat; or

(b) from any point on the Port Noarlunga Jetty within 50 metres from the western end of the Jetty; or

(c) in waters to the western side of a line 25 metres to the east and parallel to the eastern boundary of the northern Port Noarlunga Reef (at low water) and the prolongations of that boundary.


Any person The taking of fish by using a rod and line or a hand line in waters in any other part of the Reserve but not—

(a) in waters within 25 metres of any part of the southern Port Noarlunga Reef that is exposed at low water; or

(b) in waters within 25 metres of any part of Horseshoe Reef that is exposed at low water.

Any person The taking of shrimp (Suborder Natantia) by hand net for bait in the waters of the estuary and Onkaparinga River upstream as far as the road bridge on the Main South Road Noarlunga Bypass.

Seal Bay Aquatic Reserve No person No fishing activity is permitted.

St Kilda—Chapman Creek Aquatic Reserve

Any person The taking of blue crab (Portunus pelagicus) by hand or by using a crab rake or crab net.

Troubridge Hill Aquatic Reserve

Any person The taking of fish by using a rod and line or a hand line.

West Island Encounter Bay Aquatic Reserve

Teachers and students while engaged in the teaching or study of a marine science.

Any fishing activity engaged in by teachers and students for the purposes of the teaching or study of a marine science.

Any person The taking of fish by using a rod and line or a hand line in the portion of the Reserve comprising waters bounded as follows:

Commencing at position latitude 35° 36.75' S, longitude 138° 35.4' E (being a point 200 metres seaward of the low water mark at the south east extremity of section 189, north east of King Beach on Fleurieu Peninsula), then in a generally south easterly direction to a point 100 metres off the north eastern extremity of West Island at position latitude 35° 37.1' S, longitude 138° 35.9' E, then in a westerly, south westerly, southerly and south easterly direction maintaining a distance of 100 metres from West Island to a point 100 metres off the south western extremity of West Island at position latitude 35° 37.45' S, longitude 138° 35.6' E, then in a generally north westerly direction to position latitude 35° 37.15 'S,


longitude 138° 35.2' E (being a point 200 metres seaward of the low water mark at King Head on Fleurieu Peninsula), then in a generally north easterly direction maintaining a distance of 200 metres from the low water mark back to the point of commencement.

Any person No fishing activity is permitted in the portion of the Reserve comprising waters bounded as follows:

Commencing at the high water mark at Restless Point on the western shore of West Island, then due west for a distance of 100 metres, then following the outer boundary of West Island in a generally north easterly direction maintaining a distance of 100 metres from the high water mark to a point due north of Penguin Rock on the northern shore of West Island, then due south to the high water mark on the shore of the island, then in a generally south westerly direction along the high water mark back to the point of commencement.

Any person No fishing activity is permitted in the portion of the Reserve comprising waters bounded as follows:

Commencing at the high water mark at Restless Point on the western shore of West Island, then due west for a distance of 100 metres, then following the outer boundary of West Island in a southerly, easterly, northerly and north westerly direction maintaining a distance of 100 metres from the high water mark to a point due north of Penguin Rock on the northern shore of West Island, then due south to the high water mark on the shore of the island, then in a south easterly, southerly, westerly and northerly direction along the high water mark back to the point of commencement.

Whyalla—Cowled's Landing Aquatic Reserve

Any person The taking of blue crab (Portunus pelagicus) by hand or by using a crab rake or crab net, otherwise than for the purpose of trade or business, in the portion of the Reserve comprising waters


bounded as follows:

Commencing at a point where latitude 33° 05.7' S meets the high water mark on the western shore of Spencer Gulf (near 8 Mile Creek), then south-easterly to position latitude 33° 06.4' S, longitude 137° 33.2' E, then south-westerly to position latitude 33° 06.8' S, longitude 137° 32.8' E, then north-westerly to a point where latitude 33° 06' S meets the high water mark on the western shore of Spencer Gulf, then generally north-easterly along the high water mark back to the point of commencement.

Yatala Harbour—Upper Spencer Gulf Aquatic Reserve

Any person No fishing activity is permitted.

Schedule 2—Revocation of Fisheries Act (Aquatic Reserves) Regulations 1989

The Fisheries Act (Aquatic Reserves) Regulations 1989 are revoked.

Note—




No 185 of 2004

MAFF 04/0022CS


South Australia

Environment Protection (General) Variation Regulations 2004

under the Environment Protection Act 1993


Part 2—Variation of Environment Protection (General) Regulations 1994 4 Insertion of regulation 3B

3B Prescribed bodies (Section 14B)


These regulations may be cited as the Environment Protection (General) Variation Regulations 2004.

2—Commencement These regulations come into operation on the day on which they are made.



Part 2—Variation of Environment Protection (General) Regulations 1994

4—Insertion of regulation 3B After regulation 3A insert:

3B—Prescribed bodies (Section 14B)

(1) For the purposes of section 14B(4) of the Act, the Minister must, in relation to the selection of persons for appointment to the Board, consult with the following bodies:

(a) in relation to the selection for appointment of a person with practical knowledge of, and experience in, industry, commerce or economic development—

South Australian Employers' Chamber of Commerce and Industry Incorporated (trading as Business SA)

Engineering Employers Association, South Australia

South Australian Chamber of Mines and Energy Inc

South Australian Farmers Federation Incorporated;

(b) in relation to the selection for appointment of a person with practical knowledge of, and experience in, environmental conservation and advocacy on environmental matters on behalf of the community—

Conservation Council of South Australia Incorporated

Environmental Defenders Office (SA) Inc;

(c) in relation to the selection for appointment of a person with practical knowledge of, and experience in, the reduction, re-use, recycling and management of waste or the environmental management industry—

Association of Consulting Engineers Australia

Waste Management Association of Australia Incorporated

Environment Management Industry Association of Australia;

(d) in relation to the selection for appointment of a person with legal qualifications and experience in environmental law—

National Environmental Law Association Limited (SA Division)

Environmental Defenders Office (SA) Inc;

(e) in relation to the selection for appointment of a person with practical knowledge of, and experience in, local government—Local Government Association of South Australia.


(2) A body consulted by the Minister under subregulation (1) must, within a

reasonable period of time specified by the Minister, nominate a panel of up to 3 persons, including at least 1 woman and 1 man, from which selection for appointment may be made.

Note—




No 186 of 2004

EC04/0025CS


South Australia

South Australian Country Arts Trust Regulations 2004

under the South Australian Country Arts Trust Act 1992

Contents 1 Short title 2 Commencement 3 Interpretation 4 Notice calling for nominations for membership of Country Arts Board 5 Nominations

Schedule 1—Revocation of South Australian Country Arts Trust Regulations 1992

1—Short title These regulations may be cited as the South Australian Country Arts Trust Regulations 2004.



Act means the South Australian Country Arts Trust Act 1992.

4—Notice calling for nominations for membership of Country Arts Board (1) If it is necessary to call for the nomination of persons for appointment as members of a

Country Arts Board for the purposes of section 21(1)(c) of the Act, the Minister must do so by notice published in a newspaper circulating throughout the area of the Board.

(2) A notice under subregulation (1) must—

(a) specify—

(i) the requirements of regulation 5(2) in relation to a nomination; and

(ii) the date and hour by which and the address at which nominations must be lodged; and

(b) state that, if the nominator so wishes, the nomination may specify the nature of the nominator's interest in the arts.

(3) The date for the closure of nominations must be not less than 14 days after the date of publication of the notice.


5—Nominations (1) A person may nominate himself or herself or another person for appointment as a member

of a Country Arts Board under section 21(1)(c) of the Act.

(2) A nomination must —

(a) be in writing; and

(b) —

(i) if the nominator is a natural person—

(A) be signed by the nominator; and

(B) state the full name and principal place of residence of the nominator; or

(ii) if the nominator is a body—

(A) be signed by a person duly authorised by the body to sign the nomination on its behalf; and

(B) state the full name of the body; and

(C) state the full name and residential address of the person signing the nomination on behalf of the body; and

(c) if the nominator is not also the nominee—contain a statement signed by the nominee to the effect that he or she is willing to be appointed; and

(d) state the full name and principal place of residence of the nominee; and

(e) be lodged not later than the date and hour specified for the closure of nominations in the notice published under regulation 4.

Schedule 1—Revocation of South Australian Country Arts Trust Regulations 1992

The South Australian Country Arts Trust Regulations 1992 are revoked.

Note—




No 187 of 2004

ASACAB003/04


South Australia

Maritime Services (Access) (Port of Ardrossan) Variation Regulations 2004

under the Maritime Services (Access) Act 2000


Part 2—Variation of Maritime Services (Access) (Port of Ardrossan) Regulations 2001 4 Variation of regulation 1—Citation 5 Insertion of regulation 5

5 Extension of operation of Part 3 of Act


These regulations may be cited as the Maritime Services (Access) (Port of Ardrossan) Variation Regulations 2004.

2—Commencement These regulations come into operation on the day on which they are made.


Part 2—Variation of Maritime Services (Access) (Port of Ardrossan) Regulations 2001

4—Variation of regulation 1—Citation Regulation 1—delete "(Port of Ardrossan)"


5—Insertion of regulation 5 After regulation 4 insert:

5—Extension of operation of Part 3 of Act

Pursuant to section 43 of the Act, Part 3 of the Act continues in operation for a further triennial cycle (commencing 31 October 2004).

Note—



the Essential Services Commission having recommended that Part 3 of the Act should continue in operation for a further triennial cycle and with the advice and consent of the Executive Council on 26 August 2004

No 188 of 2004

MFI04/019CS


South Australia

Country Fires Regulations 2004

under the Country Fires Act 1989

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation

Part 2—Incident management systems 4 Incident management system

Part 3—CFS organisations

Division 1—CFS brigades

5 Constitution of a CFS brigade 6 Registration of members of CFS brigades 7 Categories of membership 8 Brigade officers 9 Prescribed positions 10 Brigade elections 11 Transfer of membership and resignation 12 Suspension of operations

Division 2—CFS groups

13 Constitution of a CFS group 14 Membership of a CFS group 15 Group officers 16 Prescribed group positions 17 Group elections

Division 3—Accounts, audits and reporting

18 Accounts and audits 19 Annual returns

Division 4—Conduct and discipline of members

20 Conduct and discipline of members

Division 5—Miscellaneous matters

21 Incident reports 22 Absence from CFS duties 23 Brigades formed by various government agencies


Part 4—Fire prevention authorities

Division 1—Regional bushfire prevention committees

24 Selection of CFS representatives 25 Selection of council representatives 26 Prescribed responsibilities

Division 2—District bushfire prevention committees

27 District bushfire prevention committees 28 Prescribed responsibilities

Division 3—Fire prevention officers

29 Fire prevention officers

Part 5—Fire prevention

Division 1—Preliminary 30 Interpretation

Division 2—Fires during the fire danger season 31 Permits 32 Special provisions relating to gas and electric cooking appliances 33 Fires during fire danger season 34 Fires in the open air on a total fire ban day

Division 3—Restrictions on the use of certain appliances etc 35 Stationary engines 36 Internal combustion engines 37 Vehicles 38 Aircraft 39 Welders and other tools 40 Bees 41 Rabbit fumigators 42 Bird scarers 43 Fireworks 44 Blasting

Division 4—Duties to prevent fires 45 Notices

Division 5—Prescribed offences 46 Prescribed offences under section 36(1) 47 Prescribed offences under section 46

Division 6—Miscellaneous 48 Fire safety at premises 49 Caravans

Part 6—Miscellaneous 50 Prescribed association of insurers 51 Identity cards 52 Coronial inquests


53 Uniforms 54 Insignia of the CFS 55 Flags and other forms of identification 56 Roadside fire protection 57 Maintenance and inspection of fire-fighting equipment 58 Use of water 59 Special fire areas

Schedule 1—Certificate of registration of a CFS brigade

Schedule 2—Standard constitution of a CFS brigade 1 Interpretation 2 Name of the brigade 3 Brigade area 4 Fire stations 5 Objects 6 Meetings 7 Procedure at meetings 8 Membership 9 Management committee 10 Nomination of candidates for brigade elections 11 Conduct of elections 12 Supplementary elections 13 Subscriptions 14 Accounts at financial institutions 15 Auditor 16 Common seal 17 Auxiliaries 18 Rules 19 Amendment of constitution

Schedule 3—Officers of a CFS brigade 1 Brigade captain 2 Lieutenant

Schedule 4—Functions of other brigade officers 1 Communications officer 2 Training officer 3 Equipment officer 4 Logistics support officer 5 Administrative officer

Schedule 5—Certificate of registration of a CFS group

Schedule 6—Standard constitution of a CFS group 1 Interpretation 2 Name of the group 3 Composition of group 4 Objects 5 Meetings 6 Procedure at meetings 7 Management committee


8 Nomination of candidates for group elections 9 Conduct of elections 10 Supplementary elections 11 Subscriptions 12 Accounts at financial institutions 13 Auditor 14 Common seal 15 Auxiliaries 16 Rules 17 Amendment of constitution

Schedule 7—Officers of a CFS group 1 Group officer 2 Deputy group officer

Schedule 8—Functions of other group officers 1 Group communications officer 2 Group training officer 3 Group equipment officer 4 Group logistics support officer 5 Group administrative officer

Schedule 9—Permit authorising person to light or maintain fire during fire danger season

Schedule 10—Permit authorising person to light or maintain fire in open air contrary to terms of total fire ban

Schedule 11—Regulation 32 declaration

Schedule 12—Section 40 notice

Schedule 13—Variation or revocation of section 40 notice

Schedule 14—Certificate of identity under Act

Schedule 15—Certificate of identity for fire prevention officer

Schedule 16—Official emblems of CFS

Schedule 17—Revocation of Country Fires Regulations 1989


These regulations may be cited as the Country Fires Regulations 2004.



3—Interpretation

In these regulations, unless the contrary intention appears—

Act means the Country Fires Act 1989;

Australian Standard means a standard of Standards Australia;

incident management system—see regulation 4;

incident response plan—see regulation 4;

operation includes a practice or training exercise for members of a CFS organisation;

recognised emergency service means—

(a) South Australia Police; or

(b) the South Australian Metropolitan Fire Service; or

(c) the State Emergency Service; or

(d) the SA St John Ambulance Service Inc; or

(e) the SA Ambulance Service.

Part 2—Incident management systems 4—Incident management system (1) The Board will prepare and maintain an overall plan for fighting fires and dealing with

other emergencies in the country (the incident management system).

(2) The objective of the incident management system will be to achieve—

(a) the greatest possible effectiveness and efficiency in the operations of the CFS in the case of a fire or other emergency; and

(b) the greatest possible protection of life and property in the case of a fire or other emergency.

(3) Each CFS organisation must prepare and maintain a plan for the implementation of the incident management system in its area of responsibility (an incident response plan).

(4) A plan under subregulation (3) must—

(a) set incident response goals; and

(b) set out strategies for fighting fires and dealing with other emergencies in its area, and provide for the periodical review of those strategies; and

(c) set out procedures to facilitate co-ordination between the CFS organisation and other recognised emergency services; and

(d) provide for the optimum use of equipment and other resources; and

(e) set goals for the training and proficiency of the members of the CFS organisation.

(5) A CFS organisation must, in order to ensure that it can implement the incident management system in accordance with its plan—

(a) work to achieve and maintain the highest possible standards in the following organisational areas:

(i) operations;


(ii) planning;

(iii) logistics;

(iv) finance; and

(b) carefully manage its equipment and other resources and work (so far as may be reasonable) to develop and improve that equipment and those resources; and

(c) encourage and support the training and development of its members.

Part 3—CFS organisations

Division 1—CFS brigades

5—Constitution of a CFS brigade (1) A group of interested persons may apply to the Board for the constitution of a CFS

brigade in relation to a particular area of the State.

(2) An application under subregulation (1) must—

(a) be made in a manner and form approved by the Board; and

(b) define the area in relation to which it is proposed that the brigade be constituted; and

(c) list the full name, residential address, occupation and date of birth of each person who is applying to be a foundation member of the brigade; and

(d) specify the location of any proposed fire station for the brigade; and

(e) propose a constitution for the brigade; and

(f) contain such other information as the Board may require.

(3) If the Board constitutes a CFS brigade, the Board must furnish the brigade with a certificate in the form of Schedule 1.

(4) Unless the Board otherwise determines (whether on its own initiative or on the application of the members of the brigade), a CFS brigade will have a constitution in the form set out in Schedule 2.

6—Registration of members of CFS brigades (1) A person will not be recognised as a member of a CFS brigade unless the person is

registered as a member of that brigade by the Board.

(2) The Board may refuse to register a person as a member of a CFS brigade if—

(a) the Board requires the person to undergo a medical examination determined by the Board and the person fails to pass that examination; or

(b) the Board considers that the person is not a fit and proper person to be a member of a CFS brigade; or

(c) in the case of a person who is applying to be registered as a fire-fighter or officer—the Board considers that the person would not be reasonably available to respond to fires or other emergencies, or otherwise to carry out his or her functions and responsibilities as such a member of the brigade; or


(d) the Board is satisfied that some other reasonable ground exists on which to refuse

registration.

(3) An application to register a person as a member of a CFS brigade must be in a form approved by the Board.

(4) Unless the Board otherwise determines, the registration of a person as a member of a CFS brigade will at first be on probation for a period of 6 months.

(5) Subregulation (4) does not apply in relation to a person who is transferring to a brigade from another brigade and who was not on probation as a member of that other brigade.

(6) During a period of probation, the person must (unless the Board otherwise determines) successfully complete an introductory course of training approved by the Board.

(7) If a person successfully completes a course in accordance with subregulation (6), the registration of that person as a member of a CFS brigade will be taken to have been confirmed by the Board.

(8) Unless the Board otherwise determines, if a person fails to complete a course in accordance with subregulation (6), the registration of that person as a member of a CFS brigade will terminate.

(9) Subject to section 16 of the Act, the Board may terminate the registration of a person as a member of a CFS brigade on any reasonable ground.

7—Categories of membership (1) There will be the following categories of membership in a CFS brigade:

(a) cadet fire-fighter;

(b) fire-fighter;

(c) officer;

(d) auxiliary member;

(e) honorary member.

(2) A person is eligible to be a cadet fire-fighter if the person is of or above the age of 11 years and under the age of 16 years.

(3) The following provisions apply in relation to cadet fire-fighters:

(a) a cadet fire-fighter must not be permitted to attend a fire or other emergency;

(b) for training purposes, a cadet fire-fighter may, under the supervision of an officer, operate pumps and hoses, and travel on fire appliances;

(c) cadet fire-fighters may hold their own meetings under the supervision of the brigade captain, or another officer nominated by the brigade captain;

(d) a cadet fire-fighter may attend an ordinary meeting of the brigade, but—

(i) a cadet fire-fighter is not eligible to vote on a matter arising for determination at a meeting of the brigade; and

(ii) a cadet fire-fighter will not be counted for the purpose of determining a quorum, or any other question relating to the attendance of members of the brigade at a meeting;

(e) a cadet fire-fighter may, after attaining the age of 16 years, apply to become a fire-fighter or auxiliary member.


(4) A person is eligible to be a fire-fighter or officer if the person is of or above the age of 16

years.

(5) The brigade must determine the extent (if any) to which an auxiliary member may engage in fire-fighting activities as a member of the brigade.

(6) A person who has been a member of a CFS organisation for at least 20 years is eligible to be an honorary member of a CFS brigade.

(7) An application to become a member of a CFS brigade must be made to the brigade in a manner and form approved by the Board and, in the case of an application to be a cadet fire-fighter, must be accompanied by the written consent of a guardian of the applicant.

(8) A person may be proposed as an honorary member of a CFS brigade without formal application.

(9) An application for membership must be considered at a meeting of the brigade.

(10) If—

(a) a CFS brigade accepts the application of a person to become a member of a CFS brigade; or

(b) the membership category of a person who is a member of a CFS brigade changes,

the CFS brigade must apply to the Board for registration of that person as a member, or as a member in his or her new category (as the case may be).

(11) An application under subregulation (10) must be made by the end of the month immediately following the month during which the application for membership is accepted, or the category of membership changes.

8—Brigade officers (1) Pursuant to section 16 of the Act, each CFS brigade will have the following officers:

(a) a brigade captain;

(b) unless the Board otherwise determines—at least 2, but not more than 4, lieutenants (and the order of seniority of the lieutenants will be decided in a manner determined by the brigade).

(2) Each position referred to in subregulation (1) will be filled by election.

(3) The specific functions of each officer are set out in Schedule 3.

9—Prescribed positions (1) Unless the Board otherwise determines, in addition to its officers, each CFS brigade must

have—

(a) a communications officer; and

(b) a training officer; and

(c) an equipment officer; and

(d) a logistics support officer; and

(e) an administrative officer.


(3) The specific functions that attach to each position are set out in Schedule 4.


(4) A member of a CFS brigade holding a position under this regulation is responsible to the

brigade captain for the performance of the functions that attach to the position.

10—Brigade elections (1) For the purposes of this regulation, the Board will determine whether a CFS brigade will

hold its elections in each year designated by an even number or in each year designated by an odd number.

(2) Subject to subregulation (3), brigade elections must be held in July or August of an election year for that brigade.

(3) The Board may, in special circumstances, allow a brigade to hold its elections at some other time.

(4) Nominations of candidates for brigade elections will be called by the administrative officer of the brigade in accordance with the brigade's constitution.

(5) Subject to these regulations, a person is eligible to be nominated for election to a position if the person is a registered member of the brigade.

(6) A person is not eligible to be nominated for election to an officer rank if the person—

(a) would, if elected, hold the rank and the rank of group officer or deputy group officer at the same time; or

(b) would, if elected, hold the rank and a command or operational rank in a recognised emergency service at the same time; or

(c) has been disqualified from holding the rank by the Board.

(7) In addition to subregulation (6), a person is not eligible to be nominated for election as brigade captain unless the person—

(a) has been a registered member of the brigade for at least 2 years; and

(b) has successfully completed appropriate courses of training approved by the Board.

(8) The Board may, on the application of a CFS brigade—

(a) determine that subregulation (6)(a) or (b) will not apply to a particular person; or

(b) dispense with a requirement under subregulation (7) if the Board is satisfied that there is no member of the brigade who satisfies the particular requirement, or that no member of the brigade who satisfies the particular requirement is willing to stand for election as brigade captain.

(9) An election will be by secret ballot (unless the election is uncontested).

(10) Each member of the brigade attending the meeting at which the elections are held is entitled to vote at the elections.

(11) Voting for a position if only 1 person is to be elected will be conducted as follows:

(a) each member will vote for a candidate;

(b) after the votes under paragraph (a) are counted, the candidate with the fewest votes will be excluded and—

(i) if only 1 candidate remains, he or she will be elected; and

(ii) if 2 or more candidates remain, each member will, in respect of the remaining candidates, again vote for 1 candidate;


(c) the process under paragraph (b) will be continued until 1 candidate remains.

(12) Voting for a position if 2 or more persons are to be elected will be conducted as follows:

(a) each member will vote for candidates up to the number required to be elected;

(b) after the votes under paragraph (a) are counted, the candidate with the fewest votes will be excluded and if more candidates remain than the number required to be elected, each member will, in respect of the remaining candidates, again vote for candidates up to the number required to be elected;

(c) the process under paragraph (b) will be continued until the number of candidates remaining is equal to the number required to be elected.

(13) For the purposes of subregulations (11) and (12), if 2 candidates have an equal number of votes and 1 of them must be excluded, the person presiding at the election will determine the question by lot.

(14) A person elected to a position in a CFS brigade holds that position from 1 September of the year of his or her election (except if a person is elected after 1 September of a particular election year, in which case the person will hold the position to which he or she is elected from the date of the election).

(15) A person holds a particular position in a CFS brigade until 31 August in the next election year of the brigade.

(16) Subregulation (15) is subject to the following qualifications:

(a) a person ceases to hold a position in a CFS brigade if the person ceases to be a member of that brigade;

(b) unless otherwise determined by the Board in relation to the particular person, a person ceases to hold an officer rank in a CFS brigade if the person—

(i) assumes the rank of group officer or deputy group officer; or

(ii) assumes a command or operational rank in a recognised emergency service;

(c) a person may resign from a position in a CFS brigade by written notice to the brigade;

(d) a person may be demoted or disqualified from a particular position by the Board;

(e) a person elected to a position in a CFS brigade at a supplementary election on account of a casual vacancy holds the position for the balance of the term of his or her predecessor;

(f) if a person's successor is not elected by 31 August of an election year, the person may continue to hold his or her position until a successor is elected.

(17) If—

(a) a brigade election fails; or

(b) a casual vacancy occurs in a position in a CFS brigade,

the brigade must hold a supplementary election in accordance with the brigade's constitution.

(18) Pending the election of a person to fill a vacant position under subregulation (17)(b) (other than brigade captain), the brigade captain may appoint a member of the brigade to the position on an acting basis.


(19) If the vacant position under subregulation (17)(b) is that of brigade captain—

(a) if the brigade is a member of a CFS group—the group officer; and

(b) if the brigade is not a member of a CFS group—the regional officer,

may appoint a member of the brigade to the rank of brigade captain on an acting basis.

(20) A person may be re-elected to a position in a CFS brigade.

11—Transfer of membership and resignation (1) A member of a CFS brigade may, on written application to another brigade, apply to

transfer his or her membership to that other brigade.

(2) If a member of a CFS brigade transfers to another brigade, a rank that he or she holds at brigade level is not transferred.

(3) A member of a CFS brigade may resign by written notice to the brigade.

12—Suspension of operations (1) The Board may, by notice in the Gazette, suspend the operations of a CFS brigade for a

period specified in the notice if—

(a) the membership of the brigade has fallen to a level where, in the opinion of the Board, the brigade can no longer function effectively; or

(b) the brigade fails to carry out a function under the Act; or

(c) the brigade fails to comply with these regulations.

(2) The Board must, in determining whether or not to act under subregulation (1), consult with the members of the brigade.

(3) The Board may, by further notice in the Gazette—

(a) extend a period of suspension under this regulation; or

(b) revoke a period of suspension under this regulation.

(4) This regulation does not derogate from the power of the Board to dissolve a CFS brigade.

Division 2—CFS groups

13—Constitution of a CFS group (1) Two or more CFS brigades may apply to the Board for the constitution of a CFS group.

(2) An application under subregulation (1) must—

(a) be made in a manner and form approved by the Board; and

(b) propose a constitution for the group; and

(c) contain such information as the Board may require.

(3) If the Board constitutes a CFS group, the Board must furnish the group with a certificate in the form of Schedule 5.

(4) Unless the Board otherwise determines (whether on its own initiative or on the application of the brigades in the group), a CFS group will have a constitution in the form set out in Schedule 6.


14—Membership of a CFS group (1) The membership of a CFS group will consist of—

(a) the officers of the group; and

(b) the other elected members of the group; and

(c) 1 representative of each brigade in the group; and

(d) such other persons (if any) as may be determined by the group in accordance with its constitution.

(2) Subject to subregulation (3), the representative of a CFS brigade will be the brigade captain, or his or her nominee.

(3) The brigade may determine that a member of the brigade elected by the members of the brigade will be its representative at group level.

15—Group officers (1) Pursuant to section 16 of the Act, each CFS group will have the following officers:

(a) a group officer;

(b) unless the Board otherwise determines—at least 1, but not more than 3, deputy group officers (and the order of seniority of the deputy group officers will be decided in a manner determined by the group).


(3) The specific functions of each officer are set out in Schedule 7.

16—Prescribed group positions (1) Unless the Board otherwise determines, in addition to its officers, each CFS group must

have—

(a) a group communications officer; and

(b) a group training officer; and

(c) a group equipment officer; and

(d) a group logistics support officer; and

(e) a group administrative officer.


(3) The specific functions that attach to each position are set out in Schedule 8.

(4) A member of a CFS group holding a position under this regulation is responsible to the group officer for the performance of the functions that attach to the position.

17—Group elections (1) For the purposes of this regulation, the Board will determine whether a CFS group will

hold its elections in each year designated by an even number or in each year designated by an odd number.

(2) Subject to subregulation (3), group elections must be held in July or August of an election year for that group.


(3) The Board may, in special circumstances, allow a group to hold its elections at some other

time.

(4) Nominations of candidates for group elections will be called by the group administrative officer in accordance with the group's constitution.

(5) Subject to these regulations, a person is eligible to be nominated for election to a position if the person is a registered member of a brigade in the group.

(6) Subject to subregulation (7), a person is not eligible to be nominated for election to an officer rank if the person—

(a) would, if elected, hold the rank and an officer rank in a brigade at the same time; or

(b) would, if elected, hold the rank and a command or operational rank in a recognised emergency service at the same time; or

(c) has been disqualified from holding the rank by the Board.

(7) The Board may, on the application of a CFS group, determine that subregulation (6)(a) or (b) will not apply to a particular person.

(8) In addition to subregulation (6), a person is not eligible to be nominated for election as group officer unless the person has successfully completed appropriate courses of training approved by the Board.

(9) The Board may, on the application of a CFS group, dispense with the requirement under subregulation (8) if the Board is satisfied that it is appropriate in the circumstances of the particular case.

(10) An election will be by secret ballot (unless the election is uncontested).

(11) Each member of the group who is a brigade representative attending the meeting at which the elections are held is entitled to vote at the elections.

(12) Voting for a position if only 1 person is to be elected will be conducted as follows:

(a) each brigade representative will vote for a candidate;

(b) after the votes under subregulation (12)(a) are counted, the candidate with the fewest votes will be excluded and—

(i) if only 1 candidate remains, he or she will be elected; and

(ii) if 2 or more candidates remain, each brigade representative will, in respect of the remaining candidates, again vote for 1 candidate;

(c) the process under paragraph (b) will be continued until 1 candidate remains.

(13) Voting for a position if 2 or more persons are to be elected will be conducted as follows:

(a) each brigade representative will vote for candidates up to the number required to be elected;

(b) after the votes under paragraph (a) are counted, the candidate with the fewest votes will be excluded and if more candidates remain than the number required to be elected, each brigade representative will, in respect of the remaining candidates, again vote for candidates up to the number required to be elected;

(c) the process under paragraph (b) will be continued until the number of candidates remaining is equal to the number required to be elected.


(14) For the purposes of subregulations (12) and (13), if 2 candidates have an equal number of

votes and 1 of them must be excluded, the person presiding at the election will determine the question by lot.

(15) A person elected to a position in a CFS group holds that position from 1 September of the year of his or her election (unless a person is elected after 1 September of a particular election year, in which case the person will hold the position to which he or she is elected from the date of the election).

(16) A person holds a particular position in a CFS group until 31 August in the next election year of the group.

(17) Subregulation (16) is subject to the following qualifications:

(a) a person ceases to hold a position in a CFS group if the person ceases to be a member of a brigade in the group;

(b) unless otherwise determined by the Board in relation to the particular person, a person ceases to hold an officer rank in a CFS group if the person—

(i) assumes a rank in a brigade; or

(ii) assumes a command or operational rank in a recognised emergency service;

(c) a person may resign from a position in a CFS group by written notice to the administrative officer of the group;

(d) a person may be demoted or disqualified from a particular position by the Board;

(e) a person elected to a position in a CFS group at a supplementary election on account of a casual vacancy holds the position for the balance of the term of his or her predecessor;

(f) if a person's successor is not elected by 31 August of an election year, the person may continue to hold his or her position until a successor is elected.

(18) If—

(a) a group election fails; or

(b) a casual vacancy occurs in a position in a CFS group,

the representatives of the brigades in the group must hold a supplementary election in accordance with the group's constitution.

(19) Pending the election of a person to fill a vacant position under subregulation (18)(b) (other than group officer), the group officer may appoint a member of a brigade in the group to the position on an acting basis.

(20) If the vacant position under subregulation (18)(b) is that of group officer, the regional officer may appoint a member of a brigade in the group to the rank of group officer on an acting basis.

(21) A person may be re-elected to a position in a CFS group.

(22) While a person holds the rank of group officer or deputy group officer, the person may be regarded as being on leave of absence from his or her brigade without loss of continuity of service.


Division 3—Accounts, audits and reporting

18—Accounts and audits (1) Each CFS organisation must open and maintain an operating account at an ADI.

(2) A CFS organisation must ensure that proper accounting records are kept of the financial affairs of the organisation.

(3) A CFS organisation must, as soon as practicable after the end of each financial year, cause accounts in respect of that financial year to be prepared and audited—

(a) by a member of CPA Australia; or

(b) by a member of the National Institute of Accountants; or

(c) by a member of The Institute of Chartered Accountants in Australia; or

(d) by a person (not being a member of the CFS) with such other qualifications or experience as the Board may approve for the purposes of this regulation.

(4) A member of the CFS cannot audit the accounts of a CFS organisation of which he or she is a member.

(5) A copy of the audited accounts of a CFS organisation must be presented to the members of the organisation at its annual general meeting.

(6) A member of a CFS organisation must, at the request of the auditor for that organisation, produce accounts or other financial records of the organisation in his or her possession for the auditor's inspection.


(7) A member of a CFS organisation must, at the request of the auditor for that organisation, provide the auditor with explanations or information that the auditor requires for the purposes of an audit.


19—Annual returns Each CFS organisation must, on or before 31 August in each year, deliver to the Board a return (in a form determined by the Board) containing—

(a) the full name, residential address, contact telephone number, occupation and date of birth of each member of the CFS who will hold a position in the organisation during the 12 month period commencing on 1 September of that year; and

(b) a copy of the audited operating accounts of the organisation for the preceding financial year; and

(c) such other information as the Board may require.

Division 4—Conduct and discipline of members

20—Conduct and discipline of members (1) A member of a CFS organisation who—

(a) contravenes or fails to comply with—

(i) a provision of the Act or these regulations; or


(ii) a direction or order given to the person as a member of the CFS by a

person with authority to give that direction or order; or

(b) is negligent or indolent in the discharge of official duties as a member of the CFS; or

(c) leaves a place of duty without reasonable excuse; or

(d) commits a form of disgraceful or improper conduct in an official capacity; or

(e) subverts or disrupts the operations or activities of a CFS organisation; or

(f) makes improper use of property or equipment; or

(g) behaves in any other manner that reflects seriously and adversely on the CFS,

is liable to disciplinary action.

(2) If a CFS officer suspects on reasonable grounds that a member of a CFS organisation may be liable to disciplinary action, the CFS officer may prepare a written report in relation to the matter.

(3) The CFS officer must inform the member (orally or in writing) of the preparation of a report under subregulation (2).

(4) If a report is prepared in respect of a CFS member by an officer who is not the member's commanding officer, the report must be delivered to the commanding officer.

(5) The commanding officer must (whether he or she has prepared the report under subregulation (2) or received the report under subregulation (4)), send a copy of the report to the Chief Officer, together with such comments and recommendations as the commanding officer thinks fit.

(6) The Chief Officer must, on the receipt of a report under this regulation, determine whether or not to carry out an investigation in relation to the matter.

(7) If the Chief Officer decides to carry out an investigation—

(a) the Chief Officer must give the member written notice of the investigation, setting out the grounds on which the member is suspected of being liable to disciplinary action; and

(b) the Chief Officer must give the member a reasonable opportunity to appear before him or her (either personally or through his or her representative) and to make submissions in relation to the matter; and

(c) the Chief Officer may, pending the outcome of the investigation, suspend the member from service with the CFS.

(8) If, on an investigation under this regulation, the Chief Officer is satisfied, on the balance of probabilities, that the member is liable to disciplinary action, the Chief Officer may—

(a) reprimand the member; or

(b) suspend the member from service with the CFS for a specified period; or

(c) recommend to the Board that the Board—

(i) demote the member; or

(ii) disqualify the member from holding a rank in the CFS; or

(iii) disqualify the member from the CFS.


(9) Before taking or recommending disciplinary action under subregulation (8), the Chief

Officer must give the member at least 14 days notice in writing of the Chief Officer's findings on the investigation and of the disciplinary action that the Chief Officer proposes to take or recommend in respect of the member.

(10) The member may, within the period referred to in subregulation (9), appeal to the Board against the findings of the Chief Officer, or against disciplinary action that the Chief Officer proposes to take or recommend.

(11) Nothing in this regulation prevents the making of preliminary investigations by an officer of the CFS prior to the preparation of a report under this regulation.

Division 5—Miscellaneous matters

21—Incident reports (1) When a CFS organisation attends a fire or other emergency, the commanding officer of

that organisation must ensure that the Board is furnished with a written report on the incident and its handling by the CFS organisation.

(2) A report under subregulation (1) must—

(a) be furnished to the Board within 14 days after the fire or other emergency; and

(b) be in a form determined by the Board; and

(c) contain the name of each member of the CFS organisation who attended the fire or other emergency.

22—Absence from CFS duties (1) A member of a CFS organisation may apply to his or her commanding officer for leave of

absence.

(2) A commanding officer may grant up to 3 months leave of absence.

(3) If an applicant requires more than 3 months leave of absence, the application must be forwarded to the Board, together with a recommendation on the application from the commanding officer.

(4) The Board may, on receipt of an application under subregulation (3), grant such leave of absence as it thinks fit.

(5) In deciding whether or not to grant leave of absence (or to recommend such leave), a commanding officer must take into account the effect (if any) that the granting of the leave would have on the ability of the relevant CFS organisation to perform its functions under the Act effectively and efficiently.

(6) If a member of a CFS organisation, without reasonable excuse, fails to attend 3 or more consecutive meetings of the organisation without leave of absence, the organisation may cancel his or her membership.

23—Brigades formed by various government agencies Except to such extent as the Board may otherwise determine, this Part may extend to a brigade formed or operated by a government department, or another agency or instrumentality of the Crown, for the purpose of fighting fires in the country.


Part 4—Fire prevention authorities

Division 1—Regional bushfire prevention committees

24—Selection of CFS representatives For the purposes of section 30(2)(b)(i) of the Act, the following procedures are prescribed in relation to the selection of persons to represent CFS groups on a regional bushfire prevention committee:

(a) the Board will send a written notice to the administrative officer of each group in the region—

(i) indicating that a representative, or 2 representatives (as the case may be), need to be selected for appointment to the committee; and

(ii) inviting the group to nominate 1 or more members of the CFS for selection; and

(iii) specifying a date by which the representative or representatives must be selected;

(b) a date (being a date before the date specified in the notice under paragraph (a)(iii)), time and place for a meeting of group officers to select the representative or representatives must then be set by agreement between the relevant administrative officers or, in default of agreement, by the Board;

(c) each group officer, or his or her nominee, is entitled to attend the meeting and vote on the choice of representative or representatives;

(d) the persons attending the meeting and entitled to vote must, before commencing proceedings, select a person to preside at the meeting;

(e) voting to select the representative or representatives will be by secret ballot conducted as follows:

(i) each voter will vote for a representative, or for 2 representatives (depending on the number required);

(ii) after the votes under subparagraph (i) are counted, the candidate with the fewest votes will be excluded and if more candidates remain than the number of representatives required, each voter will, in respect of the remaining candidates, again vote for a representative, or for 2 representatives (depending on the number required);

(iii) the process under subparagraph (ii) will be continued until the number of candidates remaining is equal to the number of representatives required;

(iv) if 2 candidates have an equal number of votes and 1 of them must be excluded, the person presiding at the meeting will determine the question by lot;

(f) the person presiding at the meeting must ensure that the Board receives, within 14 days after the meeting, written notification of the full name, residential address, contact telephone number and rank (if any) of a person selected at the meeting to be a representative;


(g) in the event that a representative is not selected under the preceding provisions by

the date specified by the Board in its notice under paragraph (a)(iii), the Board may make its own selection.

25—Selection of council representatives For the purposes of section 30(2)(b)(ii) of the Act, the following procedures are prescribed in relation to the selection of persons to represent councils on a regional bushfire prevention committee:

(a) the Board will send a written notice to the Chief Executive Officer of each council whose area lies wholly or partially within the region—

(i) indicating that a representative, or 2 representatives (as the case may be), need to be selected for appointment to the committee; and

(ii) inviting the council to nominate 1 or more persons for selection; and

(iii) specifying a date by which the representative or representatives must be selected;

(b) a date (being a date before the date specified in the notice under paragraph (a)(iii)), time and place for a meeting of councils to select the representative or representatives must then be set by agreement between the Chief Executive Officers for the relevant councils or, in default of agreement, by the Board;

(c) each council must then nominate a member of the council to attend the meeting and vote on the choice of representative or representatives;

(d) the persons attending the meeting and entitled to vote must, before commencing proceedings, select a person to preside at the meeting;

(e) voting to select the representative or representatives will be by secret ballot conducted as follows:

(i) each voter will vote for a representative, or for 2 representatives (depending on the number required); and

(ii) after the votes under subparagraph (i) are counted, the candidate with the fewest votes will be excluded and if more candidates remain than the number of representatives required, each voter will, in respect of the remaining candidates, again vote for a representative, or for 2 representatives (depending on the number required);

(iii) the process under subparagraph (ii) will be continued until the number of candidates remaining is equal to the number of representatives required;

(iv) if 2 candidates have an equal number of votes and 1 of them must be excluded, the person presiding at the meeting will determine the question by lot;

(f) the person presiding at the meeting must ensure that the Board receives, within 14 days after the meeting, written notification of the full name, residential address and contact telephone number of a person selected at the meeting to be a representative;

(g) in the event that a representative is not selected under the preceding provisions by the date specified by the Board in its notice under paragraph (a)(iii), the Board may make its own selection.


26—Prescribed responsibilities (1) Pursuant to section 31(1)(f) of the Act, a regional bushfire prevention committee must, on

or before 30 June in each year, deliver to the Board an annual report on the bushfire prevention activities undertaken in its region during the 12 month period ending on 30 April in that year.

(2) A report under subregulation (1) must be accompanied by the reports for the same period submitted to the regional bushfire prevention committee by district bushfire prevention committees in its region.

Division 2—District bushfire prevention committees

27—District bushfire prevention committees (1) For the purposes of section 32(2)(b)(i) of the Act, the following procedures are prescribed

in relation to the selection of a person to represent a CFS brigade on a district bushfire prevention committee:

(a) the council or councils responsible for the committee must send a written notice to the administrative officer of the brigade—

(i) indicating that a representative needs to be selected for appointment to the committee; and

(ii) inviting the brigade to select a member of the CFS; and

(iii) specifying a date (being between 6 and 10 weeks after the date of the notice) by which the representative must be selected;

(b) the brigade must then, at a general meeting, select a member of the CFS to be its representative on the committee;

(c) the administrative officer must then ensure that the council or councils receive, within 14 days after the meeting, written notification of the full name, residential address and contact telephone number of the person selected to be the brigade's representative;

(d) in the event that a representative is not selected by a brigade under a preceding paragraph by the date specified by the council or councils in their notice under paragraph (a)(iii), the Board may select a member of the CFS to represent the brigade on the committee.

(2) The administrative officer must also, within the period referred to in subregulation (1)(c), send a copy of a notification under that subregulation to the Board.

28—Prescribed responsibilities (1) Pursuant to section 33(1)(f) of the Act, a district bushfire prevention committee must—

(a) formulate guidelines for the issue of permits within its area; and

(b) during October in each year, deliver to the regional bushfire prevention committee whose region includes its area (or, if no such committee exists, to the Board) a report on the state of fire prevention planning in its area; and

(c) on or before 31 May in each year, deliver to that regional bushfire prevention committee (or, if no such committee exists, to the Board) an annual report on—


(i) bushfire prevention activities undertaken in its area during the 12 month

period ending on 30 April in that year; and

(ii) the outcome achieved as a result of the planning reported during the preceding October.

(2) A district bushfire prevention committee must, in formulating guidelines for the purposes of subregulation (1)(a), take into account relevant determinations of the Board.

Division 3—Fire prevention officers

29—Fire prevention officers For the purposes of section 34(1) of the Act, a person who has successfully completed a course of training for fire prevention officers provided or arranged by the Board under section 10(2) of the Act, or a comparable course approved or recognised by the Board, is suitably qualified to be appointed by a council as a fire prevention officer.

Part 5—Fire prevention

Division 1—Preliminary

30—Interpretation In this Part, unless the contrary intention appears—

aircraft does not include model aircraft;

domestic premises means a building or other structure fixed to the ground that is occupied as a place of residence;

electric welder means an electrode that produces an electric arc for the purpose of welding, cutting or heating;

flammable gas means liquefied petroleum gas, reticulated gas, compressed natural gas or acetylene;

foreshore means the foreshore of the sea along the coastline of the State and includes the area from low water mark to the nearest bush, standing grass or road (as the case may be);

gas fire means an appliance that only uses flammable gas as a fuel;

land holding means a continuous area of land subject to the same occupation (and for the purposes of this definition, separate parcels of land subject to the same occupation divided by a road or railway will be regarded as being continuous);

portable water spray means—

(a) a knapsack spray pump that—

(i) is fully charged; and

(ii) complies with Australian Standard 1687–1991: Knapsack Spray Pumps for Fire Fighting; or

(b) a water fire extinguisher that—

(i) complies with Australian Standard 1841.2–1997: Portable Fire Extinguishers—Specific Requirements for Water Type Extinguishers; and


(ii) is maintained in accordance with Australian Standard 1851.1–1995:

Maintenance of Fire Protection Equipment—Portable Fire Extinguishers and Fire Blankets;

spark arrester means a device or arrangement, fitted to the exhaust-pipe of an engine, to prevent the escape of sparks, fire and other burning material.

Division 2—Fires during the fire danger season

31—Permits (1) In this regulation—

designated area means an area of the State in relation to which a fire control officer has been appointed under section 62 of the Act;

relevant land means land to be burnt off under a permit.

(2) A permit authorising a person to light or maintain a fire in the open air during the fire danger season (but not contrary to the terms of a total fire ban) will be in the form set out in Schedule 9.

(3) A permit authorising a person to light or maintain a fire in the open air—

(a) contrary to the terms of a total fire ban; or

(b) during the fire danger season and contrary to the terms of a total fire ban,

will be in the form set out in Schedule 10.

(4) A permit issued under the Act for burning off land will include the following conditions:

(a) that the land immediately around the relevant land must be cleared of all flammable material to a distance of at least 4 meters;

(b) that at least 2 persons who are able to control the fire, or such greater number of persons as may be specified in the permit, must be present at the site of the fire from the time it is lighted to the time it is completely extinguished;

(c) that the fire must first be lighted from the leeward side of the relevant land to establish a protective break, and then may be lighted from the windward side of the land;

(d) that at least 250 litres of water, or such greater amount of water as may be specified in the permit, must be kept at hand to extinguish the fire;

(e) that the holder of the permit must, not more than 7 days, and not less than 2 hours, before the fire is lighted, give notice of his or her intention to light the fire—

(i) to any person who owns, occupies or is in charge of land adjoining the land holding where the relevant land is situated and who resides within 8 kilometres of the relevant land or, if it is not reasonably practicable to give such a notice, to the person in charge of the nearest police station; and

(ii) if the relevant land is inside (or partially inside) a council area—to an officer of the council for that area; and

(iii) if the relevant land is within 2 kilometres of a government reserve—to the person in charge of the reserve; and


(iv) —

(A) if the relevant land is within the area of a CFS brigade—to an officer of that brigade; and

(B) if the relevant land is within a designated area—to the fire control officer for that area; and

(C) if neither subsubparagraph (A) nor (B) apply—to the Board.

(5) A permit issued under the Act other than for burning off land will include the following conditions:

(a) that the space immediately around and above the fire must be cleared of all flammable material to a distance of at least 4 meters;

(b) that an appropriate agent adequate to extinguish the fire must be kept at hand;

(c) that at least 1 person who is able to control the fire, or such greater number of persons as may be specified in the permit, must be present at the site of the fire from the time it is lighted to the time it is completely extinguished;

(d) that if the fire is to be lighted within the area of a CFS brigade, the holder of the permit must, not more than 7 days, and not less than 2 hours, before the fire is lighted, give notice of his or her intention to light the fire to an officer of that brigade.

(6) A notice under subregulation (4)(e) or (5)(d)—

(a) may be given—

(i) in person; or

(ii) by telephone or radio; or

(iii) in writing; and

(b) must include details of the place, date and time at which the fire will be lighted.

(7) An authorised officer may, at his or her discretion, by endorsement on the permit, exempt the holder of a permit from the requirement to comply with a condition under subregulation (4) or (5).

(8) An application for a permit may be made—

(a) in person; or

(b) by telephone or radio; or

(c) in writing.

(9) If an authorised officer issues a permit—

(a) preliminary notice of the issue of the permit may be given to the permit holder by contacting the permit holder by telephone or radio and informing him or her of the permit number and the conditions included in the permit (and the permit holder may proceed to act under the permit on the basis of that notification); and

(b) the authorised officer must send a copy of the permit to the permit holder at the address shown on the written application form or, if there was no such form, at his or her last known address; and


(c) if the permit authorises the permit holder to light or maintain a fire contrary to the terms of a total fire ban, the authorised officer must—

(i) give notice of the issue of the permit to—

(A) the regional officer in whose region the fire will be lighted; and

(B) if the fire will be inside (or partially inside) a council area—an officer of the council for that area; and

(C) if the fire will be within the area of a CFS brigade—an officer of that brigade,

(whether personally or by telephone or radio); and

(ii) send a copy of the permit to the regional officer and any council to which subparagraph (i) applies.

32—Special provisions relating to gas and electric cooking appliances (1) For the purposes of section 36(2)(e) of the Act, a person may operate a gas fire or electric

element for cooking purposes in the open air during the fire danger season, provided that—

(a) the space immediately around and above the gas fire or electric element is cleared of all flammable material to a distance of at least 4 metres; and

(b) a person who is able to control the gas fire or electric element is present at all times while it is lighted or charged; and

(c) an appropriate agent adequate to extinguish a fire is at hand.

(2) For the purposes of section 37(4)(a) of the Act, a person may operate a gas fire or electric element for cooking purposes in the open air contrary to the terms of a total fire ban, provided that—

(a) the gas fire or electric element is used within 15 metres of domestic premises, or on the foreshore; and

(b) the space immediately around and above the gas fire or electric element is cleared of all flammable material to a distance of at least 4 metres; and

(c) a person who is able to control the gas fire or electric element is present at all times while it is lighted or charged; and

(d) an appropriate agent adequate to extinguish a fire is at hand.

(3) In addition to subregulations (1) and (2)—

(a) a council may in relation to a part of its area; and

(b) the Board may in relation to a part of the State outside the area of a council,

by notice in the Gazette declare an area of the State to be an area where a person may, in accordance with the terms of the notice, operate a gas fire or electric element for cooking purposes in the open air contrary to the terms of a total fire ban.

(4) A notice under subregulation (3)—

(a) must be in the form set out in Schedule 11; and

(b) may be limited in its operation to particular times of the day, and to particular days of the year; and


(c) will operate subject to the following conditions:

(i) that the space immediately around and above the gas fire or electric element must be cleared of all flammable material to a distance of at least 4 metres;

(ii) that a person who is able to control the gas fire or electric element must be present at all times while it is lighted or charged;

(iii) that an appropriate agent adequate to extinguish a fire must be at hand; and

(d) will operate subject to such other conditions (if any) as may be specified by the council or the Board (as the case may be), in its discretion; and

(e) may be varied or revoked by further notice in the Gazette.

(5) If a council publishes a notice in the Gazette under this regulation, the council must immediately send a copy of the notice to the Board.

33—Fires during fire danger season For the purposes of section 36(2)(e) of the Act, a fire may be lighted or maintained in the open air during the fire danger season in an orchard or vineyard for the purpose of smudging for insect pests, or preventing damage by frost, provided that the space immediately around and above the fire is cleared of all flammable material, other than growing fruit trees or vines, to a distance of at least 4 metres.

34—Fires in the open air on a total fire ban day For the purposes of sections 36(2)(e) and 37(4)(a) of the Act, a fire may be lighted or maintained in the open air during the fire danger season and contrary to the terms of a total fire ban—

(a) by an aboriginal person, provided that—

(i) the fire is lighted on land set aside for aboriginal purposes; and

(ii) the fire is used for ordinary domestic purposes within the traditional aboriginal way of life; or

(b) to charge explosive materials as part of mining operations under or pursuant to the Mines and Works Inspection Act 1920, provided that—

(i) the space immediately around and above any blast hole is cleared of all flammable material to a distance of at least 4 metres; and

(ii) at least 2 shovels or rakes, and at least 2 portable water sprays in good working order, are at hand; and

(iii) a sufficient number of persons who would be able to control the escape and spread of fire are present at all times during the mining operations involving the use of those explosive materials; or

(c) to light a flare containing flammable material in connection with a mercy flight or in a situation where an aircraft cannot use an electrically lit runway, provided that—

(i) each flare is in a metal tray that is large enough to hold all the flammable material; and


(ii) the space immediately around the flare is cleared of all flammable

material to a distance of at least 4 metres; and

(iii) fire-fighting equipment adequate to extinguish the flare and control the escape and spread of fire is at hand; and

(iv) a sufficient number of persons to control the escape and spread of fire are present at the site of the flares from the time they are lighted to the time they are completely extinguished; or

(d) by a member of the CFS or a recognised emergency service if the fire is connected with the use of equipment required in an emergency to protect life or property, provided that such steps as are reasonably practicable in the circumstances are taken to control the escape and spread of fire.

Division 3—Restrictions on the use of certain appliances etc

35—Stationary engines (1) In this regulation—

stationary engine means a steam engine, an internal combustion engine or a turbine engine that is operated in a stationary position.

(2) Pursuant to section 46 of the Act, a stationary engine is prescribed.

(3) A person must not, during the fire danger season, operate a stationary engine not enclosed by non-flammable material in the open air unless—

(a) the space immediately around and above the engine is cleared of all flammable material to a distance of at least 4 metres, or a person who is able to control the engine is present at all times while the engine is in use; and

(b) a shovel or rake, and a portable water spray in good working order, are at hand; and

(c) any exhaust pipe is fitted with a spark arrester in good working order.

(4) A person must not, during the fire danger season, operate a stationary engine enclosed by non-flammable material in the open air unless any exhaust pipe that projects beyond that material is fitted with a spark arrester in good working order.

36—Internal combustion engines (1) Pursuant to section 46 of the Act, an internal combustion engine is prescribed.

(2) A person must not, during the fire danger season, operate an internal combustion engine in connection with—

(a) harvesting a flammable crop; or

(b) moving a flammable crop on the land holding where it has been harvested; or

(c) spreading lime or fertiliser,

unless—

(d) a shovel or rake, and a portable water spray in good working order, are at hand; and

(e) any exhaust pipe is fitted with a spark arrester in good working order.


(3) A person must not, during the fire danger season, operate an internal combustion engine

in connection with cutting flammable bush or grass unless—

(a) —

(i) the land immediately around the land where the bush or grass is to be cut is cleared of all flammable material to a distance of at least 4 metres; or

(ii) a shovel or rake, and a portable water spray in good working order, are at hand; and

(b) any exhaust pipe is fitted with a spark arrester in good working order.

37—Vehicles (1) Pursuant to section 46 of the Act, a vehicle driven by an internal combustion engine (other

than an aircraft) is prescribed.

(2) A person must not, during the fire danger season, drive a vehicle referred to in subregulation (1) within 2 metres of flammable bush or grass unless any exhaust pipe is fitted with a spark arrester in good working order.

38—Aircraft (1) Pursuant to section 46 of the Act, an aircraft is prescribed.

(2) A person must not, during the fire danger season, land an aircraft on, or take off from, land in the country unless reasonable steps have been taken (on account of the use of the land by the aircraft)—

(a) to prevent the outbreak of fire on the land; and

(b) to be able to control and suppress a fire that might break out on the land (whether by the provision of fire-fighting equipment, the clearing of a firebreak, or otherwise).

(3) This regulation does not apply in relation to—

(a) an aircraft that is landing on, or taking off from, a government or licensed airfield; or

(b) an aircraft that is on a mercy flight; or

(c) an aircraft that is landing or taking off in any other emergency; or

(d) an aircraft that is engaged in a fire-fighting operation under the direction of a CFS officer; or

(e) an aircraft that is exempted from the operation of this regulation by the Board.

39—Welders and other tools (1) Pursuant to section 46 of the Act, the following appliances are prescribed:

(a) an electric welder;

(b) a mechanical cutting tool;

(c) a gas appliance.


(2) A person must not, during the fire danger season, operate an appliance referred to in

subregulation (1) in the open air unless—

(a) the space immediately around and above the appliance is cleared of all flammable material to a distance of at least 4 metres; and

(b) a portable water spray in good working order is at hand; and

(c) a person who is able to control the appliance is present at all times while the appliance is in use or alight.

(3) This regulation does not permit the use of an appliance contrary to the terms of a total fire ban.

(4) This regulation does not apply to a member of the CFS or a recognised emergency service who must use an appliance in an emergency to protect life or property.

40—Bees (1) Pursuant to section 46 of the Act, an appliance used to generate smoke for the

manipulation of bees is prescribed.

(2) A person must not, during the fire danger season, use an appliance referred to in subregulation (1) unless a portable water spray in good working order is at hand.

41—Rabbit fumigators (1) Pursuant to section 46 of the Act, an appliance used as a rabbit fumigator is prescribed.

(2) A person must not, during the fire danger season, use an appliance as a rabbit fumigator unless—


(b) a portable water spray in good working order is at hand; and

(c) a sufficient number of persons who would be able to control the escape and spread of fire are present at all times while the appliance is in use.

42—Bird scarers (1) In this regulation—

bird scarer means a device that detonates a flammable gas to create a noise to scare birds.

(2) Pursuant to section 46 of the Act, a bird scarer is prescribed.

(3) A person must not, during the fire danger season, use an appliance as a bird scarer unless—


(b) the bird scarer—

(i) is constructed so as to prevent the escape of fire or burning material; and

(ii) is in good working order and clean so as to avoid a malfunction that could cause a fire; and

(c) the person using the bird scarer takes all reasonable precautions to ensure that the bird scarer cannot fall over, or be knocked over or otherwise interfered with by animals.


43—Fireworks (1) Pursuant to section 46 of the Act, fireworks are prescribed.

(2) A person must not, during the fire danger season, use fireworks in the open air except in accordance with a permit issued under section 38 of the Act.

44—Blasting (1) Pursuant to section 46 of the Act, blasting any tree, wood or timber by the use of

explosive materials is prescribed.

(2) A person must not, during the fire danger season, carry out blasting referred to in subregulation (1) unless—

(a) a shovel or rake, and a portable water spray in good working order, are at hand; and

(b) a sufficient number of persons who would be able to control a fire are present at all times while the blasting is carried out, and for a reasonable time after the blasting is completed.

Division 4—Duties to prevent fires

45—Notices (1) For the purpose of section 40(4) of the Act, the form set out in Schedule 12 is prescribed.

(2) For the purposes of section 40(6) of the Act, the form set out in Schedule 13 is prescribed.

Division 5—Prescribed offences

46—Prescribed offences under section 36(1) An offence against section 36(1) of the Act is a prescribed offence for the purposes of that section if the lighting and maintaining of the fire does not contravene a prohibition or restriction under section 36(3) of the Act and—

(a) if the fire is for cooking or personal comfort—the offence consists of a failure to comply with a requirement imposed under section 36(2)(a) of the Act; or

(b) if the fire is for the burning of refuse—the offence consists of a failure to comply with a requirement imposed under section 36(2)(b) of the Act; or

(c) if the fire is for heating bitumen, welding, gas-cutting, soldering, grinding or charring— the offence consists of a failure to comply with a requirement imposed under section 36(2)(c) of the Act; or

(d) if the fire is lighted or maintained pursuant to a permit issued under section 38 of the Act for burning off land—the offence consists of a failure to comply with a condition of the permit prescribed by regulation 31(4)(a), (b) or (d); or

(e) if the fire is lighted or maintained pursuant to a permit issued under section 38 of the Act other than for burning off land—the offence consists of a failure to comply with a condition of the permit prescribed by regulation 31(5)(a), (b) or (c).


47—Prescribed offences under section 46

An offence against section 46 of the Act is a prescribed offence for the purposes of that section if the offence consists of a breach of, or failure to comply with, 1 or more of the following:

(a) in the case of an offence involving the operation, during the fire danger season, of a stationary engine not enclosed by non-flammable material in the open air—regulation 35(3)(a) or (b);

(b) in the case of an offence involving the operation, during the fire danger season, of an internal combustion engine in connection with harvesting a flammable crop, moving a flammable crop on the land holding where it has been harvested or spreading lime or fertilizer—regulation 36(2)(d);

(c) in the case of an offence involving the operation, during the fire danger season, of an internal combustion engine in connection with cutting flammable bush or grass—regulation 36(3)(a);

(d) in the case of an offence involving the operation, during the fire danger season, of an electric welder, a mechanical cutting tool or a gas appliance—regulation 39(2)(a) or (b);

(e) in the case of an offence involving the use, during the fire danger season, of an appliance to generate smoke for the manipulation of bees—regulation 40(2);

(f) in the case of an offence involving the use, during the fire danger season, of an appliance as a rabbit fumigator—regulation 41(2)(a) or (b);

(g) in the case of an offence involving the use, during the fire danger season, of an appliance as a bird scarer—regulation 42(3)(a);

(h) in the case of an offence involving the blasting of any tree, wood or timber by the use of explosive materials—regulation 44(2)(a).

Division 6—Miscellaneous

48—Fire safety at premises Pursuant to section 43 of the Act, a building outside the area of a council that would, if it were inside the area of a council, be classified as a Class 2, 3, 4, 5, 6, 7, 8 or 9 building under the Building Code (within the meaning of the Development Act 1993), is prescribed.

49—Caravans Pursuant to section 45 of the Act, a fire extinguisher carried in a caravan must—

(a) comply with Australian Standard 1841.5–1997: Portable Fire Extinguishers—Specific Requirements for Powder Type Extinguishers; and

(b) have a minimum classification and rating of 10B, as defined by Australian Standard 1850–1997: Portable Fire Extinguishers—Classification, Rating and Performance Testing; and

(c) be maintained in accordance with Australian Standard 1851.1–1995: Maintenance of Fire Protection Equipment—Portable Fire Extinguishers and Fire Blankets.


Part 6—Miscellaneous 50—Prescribed association of insurers

For the purposes of section 18(3) of the Act, the Insurance Council of Australia is prescribed.

51—Identity cards (1) The Board will issue to each—

(a) CFS officer; and

(b) fire control officer; and

(c) authorised officer appointed by the Board,

a certificate of identity in the form set out in Schedule 14.

(2) A council will issue to each fire prevention officer or assistant fire prevention officer appointed by the council a certificate of identity in the form set out in Schedule 15.

(3) A certificate of identity ceases to be valid when the person ceases to hold the position in relation to which the certificate was issued.

(4) A person must, on ceasing to hold the position in relation to which a certificate of identity has been issued, surrender the certificate to the Board or, in the case of a fire prevention officer or assistant fire prevention officer, to the relevant council.


52—Coronial inquests Pursuant to section 75(2)(e) of the Act, a coronial inquest may be held at the request of the Board in a circumstance where the Board is of the opinion that such an inquest should be held—

(a) on account of—

(i) the circumstances surrounding the lighting or spread of a fire in the country; or

(ii) the intensity or seriousness of a fire in the country; or

(iii) the circumstances surrounding the involvement of a person or organisation in a fire or other emergency in the country; or

(b) on account of representations made to the Board by a council in relation to a fire or other emergency in the country.

53—Uniforms (1) The Board may determine the uniform or other apparel to be worn by a member of the

CFS or a fire control officer during a CFS operation or other activity.

(2) A person who is not a member of the CFS or a fire control officer must not, without the approval of the Board (which approval may be given unconditionally or subject to conditions determined by the Board), wear a uniform or other apparel in circumstances where to do so could lead to reasonable belief that he or she is a member of the CFS or a fire control officer.



54—Insignia of the CFS (1) The official emblems of the CFS are set out in Schedule 16.

(2) Other insignia of the CFS will be as determined by the Board.

(3) In addition to subregulation (2), a member of the CFS or a fire control officer is, in recognition of his or her service with the CFS, the South Australian Metropolitan Fire Service, or any other fire-fighting organisation recognised by the Board for the purposes of this regulation, entitled to wear, on the left sleeve of his or her uniform and fire-fighting clothing, service insignia determined by the Board.

(4) A person must not, without the approval of the Board (which approval may be given unconditionally or subject to conditions determined by the Board)—

(a) use or display an official emblem of the CFS; or

(b) sell, hire, lend or otherwise surrender possession of a CFS insignia to a person who is not a member of the CFS or a fire control officer.


55—Flags and other forms of identification (1) The Board will determine the flags and other forms of identification that are to be used

during fire-fighting activity in the country.

(2) A person must not display a flag or other material in a manner that contravenes a determination of the Board under subregulation (1).


56—Roadside fire protection (1) In this regulation—

responsible authority means a council, or a Minister, agency or instrumentality of the Crown, that has the care, control or management of a road in the country, or roadside vegetation in the country.

(2) Subject to subregulation (3), a responsible authority may, for the purpose of providing fire protection on a road, or the verge of a road—

(a) light a fire on the road, or on the verge of the road; and

(b) while the fire is burning, prohibit, direct or regulate the movement of persons, vehicles or animals along the road.

(3) A responsible authority must obtain a permit to light and maintain a fire under this regulation during the fire danger season.

57—Maintenance and inspection of fire-fighting equipment (1) Each CFS organisation or rural council that has possession or control of fire-fighting

equipment that is available for use by the CFS under the Act—

(a) must maintain the equipment in good working order and test the equipment on a regular basis; and

(b) must keep the equipment in a place, and in a manner, that allows the equipment to be readily available in the event of a fire or other emergency, or for training purposes; and


(c) must ensure that the equipment is inspected at least once in each month by a

member of the CFS, or by a person who is responsible to the council for the proper maintenance of the equipment; and

(d) must, on the request of the Chief Officer of the CFS, a Deputy Chief Officer or Assistant Chief Officer, a regional officer, or an authorised officer, make the equipment available for inspection by the officer.

(2) If the Board is of the opinion that fire-fighting equipment in the possession or control of a CFS organisation or rural council is not in good working order, the Board may, after consultation with the organisation or council, by written notice served on the organisation or council, require the organisation or council to reinstate the equipment to good working order.

(3) A notice under subregulation (2) must—

(a) state the grounds of the Board's opinion; and

(b) specify a day by which the equipment must be reinstated to good working order.

(4) A CFS organisation or council is responsible for a cost or expense incurred by it in complying with a notice under subregulation (2).

58—Use of water (1) A CFS officer may, for the purpose of a CFS operation, take water from a hydrant, fire-

plug or stand pipe approved by the South Australian Water Corporation for fire-fighting purposes.

(2) For training purposes, water may only be taken under subregulation (1) as directed by a responsible officer of the South Australian Water Corporation.

(3) The CFS is not liable for the cost of water taken under this regulation.

59—Special fire areas (1) The Board may, by notice in the Gazette, establish a special fire area in relation to a part

of the State if, in the opinion of the Board—

(a) there exists an extreme risk of fire; or

(b) CFS capabilities may be limited because a CFS organisation has not been constituted in relation to the area (or a part of the area), or for any other reason; or

(c) some other special situation exists that warrants the establishment of a special fire area.

(2) The Board may not include the area (or part of the area) of a council within a special fire area without first consulting the council.

(3) If the Board establishes a special fire area, the Board will constitute a committee of management to manage fire prevention and suppression planning in the area.

(4) A committee of management will (according to the determination of the Board) consist of—

(a) 1 or more representatives of the CFS; and

(b) 1 or more representatives of a council whose area lies wholly or partially within the special fire area; and


(c) if there is a reserve (or part of a reserve) administered under the National Parks

and Wildlife Act 1972 within the special fire area—1 or more officers of the National Parks and Wildlife Service nominated by the Minister responsible for the administration of the National Parks and Wildlife Act 1972; and

(d) if there is a forest reserve (or part of a forest reserve) within the special fire area—1 or more nominees of the Minister responsible for the administration of the Forestry Act 1950; and

(e) 1 or more representatives of any other organisation or agency that, in the opinion of the Board, has a special interest in fire prevention and suppression in the area; and

(f) such other persons as the Board thinks fit.

(5) The Board may use money from the Fund to assist a committee of management in the performance of its functions.

(6) The Board may, by further notice in the Gazette, vary or dissolve a special fire area established under this regulation.

Schedule 1—Certificate of registration of a CFS brigade


Schedule 2—Standard constitution of a CFS brigade 1—Interpretation

In this constitution—


financial year means the period commencing on 1 July in each year and ending on 30 June in the following year;

management committee means the management committee of the brigade appointed under clause 9;

ordinary meeting means a meeting of the brigade other than an annual general meeting or a special meeting;

regulations means the Country Fires Regulations 2004.

2—Name of the brigade The name of the brigade is

3—Brigade area The brigade is constituted in relation to the following area of the country:

4—Fire stations The fire station(s) of the brigade will be located at—

5—Objects The brigade has the following objects:

(a) to undertake CFS operations—

(i) to prevent, control and suppress fires in the country; and

(ii) to protect life and property in other emergencies occurring in the country;

(b) to provide a means by which persons may participate in the activities of the CFS at a local level;

(c) to ensure that brigade members are properly trained for CFS operations;

(d) if the brigade is a member of a CFS group—to work as an effective part of that group;

(e) to advise the regional officer for its area, and relevant persons or organisations, on matters referred to the brigade for advice;

(f) to report to the Board on matters referred to the brigade by the Board;

(g) to perform other functions assigned to the brigade under the Act or the regulations.

6—Meetings (1) Subject to this clause, the brigade may hold meetings on such days, and at such times and

places, as the brigade thinks fit.

(2) The brigade must hold at least 1 meeting per month on a regular basis.


(3) The brigade must hold an annual general meeting during July or August of each year (and

if brigade elections must be held in a particular year, the annual general meeting will, unless otherwise approved by the Board, be held in conjunction with those elections).

(4) A special meeting of the brigade may be convened by the administrative officer, the President of the management committee, or the brigade captain.

(5) The administrative officer must convene a special meeting if requested to do so by at least 5 members of the brigade.

(6) A special meeting must be held under subclause (5) within 14 days after the request is made to the administrative officer.

(7) Notice of the annual general meeting and a special meeting of the brigade must be given to all members of the brigade (other than cadet fire-fighters) at least 48 hours before the commencement of the meeting.

(8) Notice of a meeting under subclause (7)—

(a) must be given by the administrative officer or, in the case of a special meeting, by the person convening the meeting; and

(b) may be given by written notice to each member—

(i) personally or by post; or

(ii) by a notice published in a newspaper circulating in the area of the brigade; and

(c) must set out the date, time and place of the meeting; and

(d) must be signed by the administrative officer or, in the case of a special meeting, by the person convening the meeting; and

(e) must set out an agenda for the meeting.

7—Procedure at meetings (1) The brigade captain will, if present at a meeting of the brigade, preside at that meeting

and, in the absence of the brigade captain, the most senior lieutenant present at the meeting will preside and, in the absence of a lieutenant, a member of the brigade chosen by the members present will preside.

(2) The prescribed number of members of the brigade constitute a quorum at a meeting.

(3) The prescribed number for the purposes of subclause (2) is a number ascertained by dividing the total number of members of the brigade by 2, ignoring a fraction resulting from the division, and adding 1.

(4) Subject to the Act and the regulations, a question for decision at a meeting will be decided by a majority of the votes of members present at the meeting.

(5) Each member present at a meeting is entitled to 1 vote on a question for decision (and the person presiding at the meeting has, in the event of an equality of votes, a second or casting vote).

(6) The administrative officer must cause an accurate record to be kept of the proceedings of a meeting of the brigade.

(7) Subject to this clause, the Act and the regulations, and a direction of the Board, a meeting of the brigade will be conducted in such manner as the brigade may determine.


8—Membership (1) If an application for membership is received by the brigade, the administrative officer

must refer the application to the next ordinary meeting of the brigade.

(2) The brigade may, at that meeting—

(a) accept the application; or

(b) defer consideration of the application; or

(c) reject the application.

(3) When a decision is made on an application for membership, the administrative officer must immediately inform the applicant in writing of the outcome of the application.

(4) If a person who has been a cadet fire-fighter with the brigade applies for membership of the brigade as a fire-fighter (the person having attained the age of 16 years), his or her application should be accepted at the first opportunity unless the brigade determines that there is good reason to defer or reject the application.

9—Management committee (1) The brigade will have a management committee.

(2) The management committee will consist of—

(a) the President of the management committee; and

(b) the Vice-President of the management committee; and

(c) the brigade captain (ex officio); and

(d) the administrative officer (ex officio); and

(e) 3 other members of the brigade (not being cadet fire-fighters).

(3) The members of the management committee will be elected at the biennial elections of the brigade.

(4) The management committee will be responsible for—

(a) the financial affairs of the brigade; and

(b) the general management of the administrative affairs of the brigade.

(5) The President will, if present at a meeting of the management committee, preside at that meeting and, in the absence of the President, the Vice-President will preside and, in the absence of the Vice-President, a member of the management committee chosen by the members present will preside.

(6) Four members constitute a quorum of the management committee.

(7) A decision carried by the votes of at least 4 members present at a meeting of the management committee is a decision of the management committee.

(8) Each member present at a meeting of the management committee is entitled to 1 vote on a matter arising for decision by the management committee (and the person presiding at the meeting does not have, in the event of an equality of votes, a second or casting vote).

(9) The management committee must keep minutes of its proceedings.

(10) Unless a member of the management committee resigns from membership of the committee or the brigade, or ceases to hold a position that entitles him or her to membership of the committee, the member holds office for a period of 2 years.


(11) The management committee can appoint another member of the brigade to the committee

to fill a casual vacancy in the membership of the committee (and he or she holds office for the balance of the term of his or her predecessor).

(12) A member of the management committee is, on the expiration of a term of office, eligible for reappointment to the committee.

(13) Subject to this clause, and a direction of the brigade or the Board, a meeting of the management committee will be conducted in such manner as the committee may determine.

10—Nomination of candidates for brigade elections (1) The administrative officer must, at least 21 days before the day on which brigade elections

are due to be held, give or post to each member of the brigade (other than cadet fire-fighters) a written notice setting out the day on which the elections are due to be held and inviting nominations of candidates for election.

(2) A member of the brigade who is eligible to be nominated for election to a particular position in the brigade may be nominated for that position by 2 or more members of the brigade.

(3) A nomination may be made—

(a) by written nomination lodged with the administrative officer before election day; or

(b) by oral nomination made immediately before the commencement of the relevant election.

11—Conduct of elections Voting will occur for positions in the following order:

(a) brigade captain;

(b) lieutenants;

(c) communications officer;

(d) training officer;

(e) equipment officer;

(f) logistics support officer;

(g) administrative officer;

(h) if the brigade is a member of a CFS group and the brigade captain (or his or her nominee) is not to be the brigade's representative—brigade representative at group level;

(i) President of the management committee;

(j) Vice-President of the management committee;

(k) other members of the management committee;

(l) other positions that, according to a determination of the brigade or the Board, should be filled by election.

12—Supplementary elections If a supplementary election must be held—

(a) the administrative officer must appoint a meeting of the brigade at which the election will be held; and


(b) the administrative officer must, at least 21 days before that meeting, give or post

to each member of the brigade (other than cadet fire-fighters) a written notice informing him or her of the election and inviting nominations of candidates for election; and

(c) a member of the brigade who is eligible to be nominated for election to the particular position may be nominated for that position by 2 or more members of the brigade; and

(d) a nomination may be made—

(i) by written nomination lodged with the administrative officer before election day; or

(ii) by oral nomination made immediately before the commencement of the relevant election.

13—Subscriptions (1) The brigade may, by resolution at an annual general meeting, levy an annual subscription

against the members of the brigade.

(2) The subscription is payable within 1 month of the annual general meeting.

(3) A person who is accepted as a member of the brigade more than 6 months after an annual general meeting at which a subscription is imposed is only liable to pay half the subscription for that year.

14—Accounts at financial institutions (1) The brigade must, at each annual general meeting, determine where it will maintain its

accounts for the ensuing financial year.

(2) The brigade must appoint at least 4 office holders as signatories on its accounts, and at least 2 signatories must sign a cheque or withdrawal form.

15—Auditor (1) The brigade must, at each annual general meeting, appoint an auditor or auditors for the

ensuing financial year.

(2) If an auditor resigns during the financial year, the brigade must appoint a replacement at its next ordinary meeting.

16—Common seal (1) The brigade may have a common seal issued by the Board.

(2) The administrative officer will be responsible for the safe keeping of the seal.

(3) The affixation of the common seal to a document must be attested by the President of the management committee, the brigade captain and the administrative officer, or by a combination of 2 or them.

17—Auxiliaries (1) The brigade may establish 1 or more auxiliaries (which may include persons who are not

members of the brigade) for the purpose of providing support to the brigade in the performance of its functions.

(2) A member of an auxiliary may be removed by the brigade for reasonable cause.


(3) An auxiliary—

(a) may be wound up by the brigade at any time; and

(b) must be wound up at the direction of the Board.

18—Rules (1) The brigade may make rules not inconsistent with—

(a) the Act; or

(b) the regulations; or

(c) this constitution,

to assist the brigade to manage its affairs effectively and efficiently.

(2) If the brigade makes a rule under this clause (or varies or revokes such a rule), the administrative officer must, within 14 days, send a copy of the rule to the Board.

(3) The Board may, if it thinks fit, direct that a rule (or the variation or revocation of a rule) cannot have effect (and the brigade must comply with that direction).

19—Amendment of constitution The brigade may, by resolution, amend this constitution if—

(a) at least 2 months written notice, setting out the terms of the proposed resolution, is given to each member of the brigade personally or by post; and

(b) the resolution is supported at a duly convened meeting of the brigade by at least two-thirds of the total number of members of the brigade present at that meeting.

Note—

An amendment to the constitution is subject to the approval of the Board—Country Fires Act 1989 section 12(3).

Schedule 3—Officers of a CFS brigade 1—Brigade captain

A brigade captain has the following specific functions:

(a) to ensure that the brigade prepares and maintains an incident response plan;

(b) to assist in bushfire prevention planning within the area of the brigade;

(c) to undertake responsibility for the proper management and maintenance of brigade property and equipment;

(d) to ensure that members of the brigade are properly trained to carry out their functions;

(e) subject to the Act and the direction of a superior officer—to take command at a fire or other emergency in the country at which he or she attends as a member of the CFS and to ensure that the chain of command within the brigade operates effectively and efficiently;

(f) to liaise with other brigade captains in adjacent areas, and other relevant officers;


(g) to ensure (so far as may be practicable) the health and safety of all members of the brigade during a CFS operation;

(h) otherwise to manage the operations of the brigade in accordance with a determination of the Board.

2—Lieutenant A lieutenant must assist the brigade captain in the performance of his or her functions (and, in the absence of the brigade captain, the most senior lieutenant may assume the functions and responsibilities of the brigade captain).

Schedule 4—Functions of other brigade officers 1—Communications officer

A communications officer has the following specific functions:

(a) to ensure that the brigade's communications system operates effectively and fits into any group communications network;

(b) to control the use of communications equipment by members of the brigade;

(c) to undertake responsibility for the maintenance of communications equipment and, if necessary, for its repair or replacement;

(d) to test the brigade's communications equipment on a regular basis;

(e) to assist in training members of the brigade in the use of communications equipment;

(f) if the brigade is a member of a CFS group—to represent the brigade on any Group Communications Committee formed by the group;

(g) to liaise with communications officers in other CFS brigades;

(h) to undertake other functions assigned by the brigade captain or determined by the Board.

2—Training officer A training officer has the following specific functions:

(a) to organise regular training sessions within the brigade;

(b) to encourage members to undertake training within the CFS;

(c) to ensure that members of the brigade receive training that is consistent with the Act and the policies of the Board and the CFS;

(d) to keep proper records relating to training undertaken by members of the brigade;

(e) to encourage members of the brigade to become CFS instructors;

(f) if the brigade is a member of a CFS group—to represent the brigade on any Group Training Committee formed by the group;

(g) to liaise with training officers in other CFS brigades;

(h) to undertake other functions assigned by the brigade captain or determined by the Board.


3—Equipment officer

An equipment officer is responsible for the proper management and maintenance of all brigade property and equipment (other than communications equipment).

4—Logistics support officer A logistics support officer has the following specific functions:

(a) to undertake responsibility for the management and implementation of all intelligence, planning, support and supply functions during an operation;

(b) to provide advice to the equipment officer in relation to the effective deployment and use of brigade property and equipment during an operation;

(c) to liaise with officers at brigade level to ensure co-ordination during an operation.

5—Administrative officer An administrative officer has the following specific functions:

(a) to organise meetings of the brigade;

(b) to give notice of meetings of the brigade in accordance with the constitution of the brigade;

(c) to prepare an agenda for meetings of the brigade;

(d) to keep brigade records, and to send and receive brigade correspondence;

(e) to disseminate information to brigade members;

(f) to manage the financial affairs of the brigade;

(g) to keep financial records;

(h) if the brigade is a member of a group—to liaise with the group administrative officer;

(i) to undertake other functions assigned by the brigade captain or determined by the Board.


Schedule 5—Certificate of registration of a CFS group

Schedule 6—Standard constitution of a CFS group 1—Interpretation

In this constitution—


financial year means the period commencing on 1 July in each year and ending on 30 June in the following year;

management committee means the management committee of the group appointed under clause 7;

regulations means the Country Fires Regulations 2004;

quarter means each 3 month period commencing on 1 January, 1 April, 1 July and 1 October in a year.

2—Name of the group The name of the group is

3—Composition of group The brigades that make up the group are:

4—Objects The group has the following objects:

(a) to provide support and guidance to the brigades in the group, and to assist those brigades to fulfil their objects;


(b) to establish and maintain—

(i) an operational command and control structure within the group; and

(ii) procedures to enhance the ability of the brigades in the group to carry out operations, activities and training effectively and efficiently;

(c) to ensure co-operation between the brigades in the group, and between the group and other groups;

(d) to advise the regional officer for the area, and other relevant persons or organisations, on matters referred to the group for advice;

(e) to report to the Board on matters referred to the group by the Board;

(f) to perform other functions assigned to the group under the Act or the regulations.

5—Meetings (1) Subject to this clause, the group may hold meetings on such days, and at such times and

places, as the group thinks fit.

(2) Subject to subclause (3), the group must hold at least 1 meeting per quarter on a regular basis.

(3) The meeting for the quarter commencing on 1 July must be the annual general meeting and must be held during July or August (and if group elections must be held in a particular year, the annual general meeting will, unless otherwise approved by the Board, be held in conjunction with those elections).

(4) A special meeting of the group may be convened by the group administrative officer or the group officer.

(5) The group administrative officer must convene a special meeting if requested to do so by at least 4 members of the group.

(6) A special meeting must be held under subclause (5) within 14 days after the request is made to the group administrative officer.

(7) Notice of the annual general meeting and a special meeting of the group must be given to all members of the group (and to an organisation entitled to send observers to the meeting) at least 48 hours before the commencement of the meeting.

(8) Notice of a meeting under subclause (7)—

(a) must be given by the group administrative officer; and

(b) must be given by written notice to each member (or organisation) personally or by post; and

(c) must set out the date, time and place of the meeting; and

(d) must set out an agenda for the meeting.

6—Procedure at meetings (1) The group officer will, if present at a meeting of the group, preside at that meeting and, in

the absence of the group officer, the most senior deputy group officer present at the meeting will preside and, in the absence of a deputy group officer, a member of the group chosen by the members present will preside.

(2) The prescribed number of members of the group constitute a quorum at a meeting.


(3) The prescribed number for the purposes of subclause (2) is a number ascertained by

dividing the total number of members of the group by 3, multiplying the result by 2, ignoring a fraction resulting from the division and multiplication, and adding 1.

(4) Subject to the Act and the regulations, a question for decision at a meeting will be decided by a majority of the votes of members present at the meeting.

(5) Each member present at a meeting is entitled to 1 vote on a question for decision (and the person presiding at the meeting has, in the event of an equality of votes, a second or casting vote).

(6) The following persons are entitled to attend a meeting of the group:

(a) a member of a brigade in the group;

(b) up to 2 representatives of each council that has a part of its area within the area of a brigade in the group;

(c) 1 or more representatives of the National Parks and Wildlife Service;

(d) 1 or more representatives of the South Australian Forestry Corporation;

(e) other persons admitted to the meeting by the members at the meeting.

(7) The group administrative officer must cause an accurate record to be kept of the proceedings of a meeting of the group.

(8) Subject to this clause, the Act and the regulations, and a direction of the Board, a meeting of the group will be conducted in such manner as the group may determine.

7—Management committee (1) The group will have a management committee.

(2) The management committee will consist of—

(a) the group officer; and

(b) the deputy group officer, or deputy group officers; and

(c) the brigade representatives; and

(d) the group administrative officer.

(3) The management committee will be responsible for—

(a) the financial affairs of the group; and

(b) the general management of the affairs of the group; and

(c) subject to a direction of the group as a whole—

(i) ensuring that group equipment, and the equipment in the possession or control of the brigades in the group, is inspected on a regular basis; and

(ii) making representations and recommendations to councils in relation to the fire-fighting equipment that should be provided within their areas; and

(iii) taking steps to ensure the appropriate distribution of fire-fighting equipment amongst the brigades in the group; and

(iv) co-ordinating training within the brigades in the group to ensure that the brigades can work together effectively and efficiently; and


(v) overseeing the preparation and maintenance of an incident response plan

for the group; and

(vi) ensuring that an operational command base is established and maintained for the group; and

(vii) selecting members of the group to represent the group on a district or regional basis; and

(viii) carrying out other functions assigned to the committee by the group or the Board.

(4) The group officer will, if present at a meeting of the management committee, preside at that meeting and, in the absence of the group officer, a member of the management committee chosen by the members present will preside.

(5) The prescribed number of members of the management committee constitute a quorum of the committee.

(6) The prescribed number for the purposes of subclause (5) is a number ascertained by dividing the total number of members of the committee by 2, ignoring a fraction resulting from the division, and adding 1.

(7) A question for decision at a meeting of the management committee will be decided by a majority of the votes of members present at the meeting.

(8) Each member present at a meeting is entitled to 1 vote on a question for decision (and if the group officer is presiding at the meeting, he or she has, in the event of an equality of votes, a second or casting vote but otherwise the person presiding at the meeting does not have a second or casting vote).

(9) The management committee must keep minutes of its proceedings.

(10) Subject to this clause, and a direction of the group or the Board, a meeting of the management committee will be conducted in such manner as the committee may determine.

8—Nomination of candidates for group elections (1) The group administrative officer must, at least 42 days before the day on which group

elections are due to be held, give or post to the administrative officers of each brigade in the group a written notice setting out the day on which the elections are due to be held and inviting nominations of candidates for election.

(2) A member of a brigade who is eligible to be nominated for election to a particular position in the group may be nominated for that position by 2 or more members of a brigade in the group.

(3) A nomination may be made—

(a) by written nomination lodged with the group administrative officer before election day; or

(b) by oral nomination made immediately before the commencement of the relevant election.

9—Conduct of elections Voting will occur for positions in the following order:

(a) group officer;

(b) deputy group officers;


(c) group communications officer;

(d) group training officer;

(e) group equipment officer;

(f) group logistics support officer;

(g) group administrative officer;

(h) other positions that, according to a determination of the group or the Board, should be filled by election.

10—Supplementary elections If a supplementary election must be held—

(a) the group administrative officer must appoint a meeting of the brigade representatives at which the election will be held; and

(b) the group administrative officer must, at least 42 days before that meeting, give or post to the administrative officers of each brigade in the group a written notice informing him or her of the election and inviting nominations of candidates for election; and

(c) a member of a brigade who is eligible to be nominated for election to the particular position in the group may be nominated for that position by 2 or more members of a brigade in the group; and

(d) a nomination may be made—

(i) by written nomination lodged with the group administrative officer before election day; or

(ii) by oral nomination made immediately before the commencement of the relevant election.

11—Subscriptions (1) The group may, by resolution at an annual general meeting, levy an annual subscription

against the brigades in the group.

(2) The subscription is payable within 1 month of the annual general meeting.

12—Accounts at financial institutions (1) The group must, at each annual general meeting, determine where it will maintain its

accounts for the ensuing financial year.

(2) The group must appoint at least 4 office holders as signatories on its accounts, and at least 2 signatories must sign a cheque or withdrawal form.

13—Auditor (1) The group must, at each annual general meeting, appoint an auditor or auditors for the

ensuing financial year.

(2) If an auditor resigns during the financial year, the group must appoint a replacement at its next meeting.


14—Common seal (1) The group may have a common seal issued by the Board.

(2) The group administrative officer will be responsible for the safe keeping of the seal.

(3) The affixation of the common seal to a document must be attested by the group officer, a deputy group officer and the group administrative officer, or by a combination of 2 of them.

15—Auxiliaries (1) The group may establish 1 or more auxiliaries (which may include persons who are not

members of the group) for the purpose of providing support to the group in the performance of its functions.

(2) A member of an auxiliary may be removed by the group for a reasonable cause.

(3) An auxiliary—

(a) may be wound-up by the group at any time; and

(b) must be wound-up at the direction of the Board.

16—Rules (1) The group may make rules not inconsistent with—

(a) the Act; or

(b) the regulations; or

(c) this constitution,

to assist the group to manage its affairs effectively and efficiently.

(2) If the group makes a rule under this clause (or varies or revokes such a rule), the group administrative officer must, within 14 days, send a copy of the rule to the Board.

(3) The Board may, if it thinks fit, direct that a rule (or the variation or revocation of a rule) cannot have effect (and the group must comply with that direction).

17—Amendment of constitution The group may, by resolution, amend this constitution if—

(a) at least 2 months written notice, setting out the terms of the proposed resolution, is given to each member of the group personally or by post; and

(b) the resolution is supported at a duly convened meeting of the group by at least two-thirds of the total number of members of the group present at that meeting.

Note—

An amendment to the constitution is subject to the approval of the Board—Country Fires Act 1989 section 12(3).

Schedule 7—Officers of a CFS group 1—Group officer

A group officer has the following specific functions:

(a) to ensure that the group prepares and maintains an incident response plan;


(b) in the event of a fire or other emergency requiring a group response—

(i) to establish forward command in the field; and

(ii) subject to the Act and the direction of a superior officer, to co-ordinate and control the operations of the brigades in the group; and

(iii) to organise persons who volunteer to assist the group or a brigade in fighting the fire or dealing with the emergency; and

(iv) to liaise with other group officers in adjacent areas, and other relevant officers;

(c) to oversee the operations, activities and training of the brigades in the group;

(d) otherwise to undertake functions determined by the Board.

2—Deputy group officer A deputy group officer must assist the group officer in the performance of his or her functions (and in the absence of the group officer, the most senior deputy group officer may assume the functions and responsibilities of the group officer).

Schedule 8—Functions of other group officers 1—Group communications officer

A group communications officer has the following specific functions:

(a) to ensure that the group's communications equipment operates effectively;

(b) in the event of a fire or other emergency requiring a group response—

(i) to establish and maintain a group communications centre; and

(ii) to co-ordinate and control communications within and between the brigades in the group; and

(iii) to co-ordinate communications with other groups;

(c) to liaise with communications officers in the brigades in the group;

(d) to represent the group at meetings of communications officers held on a regional basis;

(e) to undertake other functions assigned by the group officer or determined by the Board.

2—Group training officer A group training officer has the following specific functions:

(a) to prepare an annual training plan for the brigades in the group and to organise regular training sessions within the group;

(b) to ensure that members of the brigades in the group are—

(i) trained in accordance with courses approved by the Board; and

(ii) assessed to standards approved by the Board;

(c) to encourage members of the brigades in the group to become CFS instructors;

(d) to represent the group at meetings of training officers held on a regional basis;


(e) to undertake other functions assigned by the group officer or determined by the

Board.

3—Group equipment officer A group equipment officer is responsible for the proper management and maintenance of all group property and equipment (other than communications equipment).

4—Group logistics support officer A group logistics support officer has the following specific functions:

(a) to undertake responsibility for the management and implementation of all intelligence, planning, support and supply functions at group level;

(b) to provide advice to the group equipment officer in relation to the effective deployment and use of group property and equipment;

(c) to liaise with officers at group level to ensure co-ordination during a group operation;

(d) to liaise with other group logistics support officers.

5—Group administrative officer A group administrative officer has the following specific functions:

(a) to organise meetings of the group;

(b) to give notice of meetings of the group to the group officers and the representatives of brigades in the group in accordance with the constitution of the group;

(c) to prepare an agenda for meetings of the group;

(d) to keep group records, and to send and receive group correspondence;

(e) to disseminate information to brigades in the group;

(f) to manage the financial affairs of the group;

(g) to keep financial records;

(h) to liaise with the administrative officers of the brigades in the group;

(i) to undertake other functions assigned by the group officer or determined by the Board.


Schedule 9—Permit authorising person to light or maintain fire during fire danger season


Schedule 10—Permit authorising person to light or maintain fire in open air contrary to terms of total fire ban


Schedule 11—Regulation 32 declaration


Schedule 12—Section 40 notice


Schedule 13—Variation or revocation of section 40 notice

Schedule 14—Certificate of identity under Act


Schedule 15—Certificate of identity for fire prevention officer

Schedule 16—Official emblems of CFS

Schedule 17—Revocation of Country Fires Regulations 1989 The Country Fires Regulations 1989 are revoked.

Note—





No 189 of 2004

MES 04/011 CS


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CITY OF CAMPBELLTOWN Close of Roll for Supplementary Election

NOTICE is hereby given that due to the resignation of a member of the council, a supplementary election will be necessary to fill the vacancy of Councillor for Hectorville Ward for the City of Campbelltown. The voters roll to conduct this supplementary election will close at 5 p.m. on Tuesday, 31 August 2004. Nominations to fill the vacancy will open on Thursday, 23 September 2004 and will be received up until 12 noon on Thursday, 14 October 2004. The election will be conducted entirely by post with the return of ballot material to reach the Returning Officer no later than 12 noon on Monday, 15 November 2004.

STEVE TULLY, Returning Officer

CITY OF CAMPBELLTOWN

Resignation of Councillor NOTICE is hereby given in accordance with section 54 (6) of the Local Government Act 1999, that a vacancy has occurred within the council, due to the resignation of Mark Utten effective 10 August 2004.

P. VLATKO, Chief Executive Officer

CITY OF CAMPBELLTOWN

Resignation of Councillor NOTICE is hereby given in accordance with section 54 (6) of the Local Government Act 1999, that a vacancy has occurred within the council, due to the resignation of Robert Chappell effective 23 August 2004.

P. VLATKO, Chief Executive Officer

CITY OF CHARLES STURT

Result of Supplementary Election—Cheltenham Ward—conducted on Monday, 16 August 2004

Formal Ballot Papers: 1 959 Informal Ballot Papers: 8 Quota: 980

Candidates First

Preference Votes

Result After Distribution of

Preferences

Rau, Anna.................................... 761 Elected Ienco Joe ..................................... 457 Myall, John.................................. 276 Taylor, Chris ............................... 465


THE RURAL CITY OF MURRAY BRIDGE

Notice of Exclusion of Land from Classification as Community Land

NOTICE is hereby given that The Rural City of Murray Bridge at its meeting held on 23 September 2002 resolved, pursuant to section 193 (4) (a) of the Local Government Act 1999, to exclude the following parcel of land from classification as community land: Allotment 31 in the Deposited Plan F18690, Hindmarsh

Road, Hundred of Mobilong, being the whole of the land comprised in certificate of title register book volume 5241, folio 811.

D. ALTMANN, Chief Executive Officer

CITY OF PORT ADELAIDE ENFIELD ROADS (OPENING AND CLOSING) ACT 1991

Road Process Order NOTICE is hereby given, pursuant to section 10 of the Roads (Opening and Closing) Act 1991, the City of Port Adelaide Enfield proposes to make a Road Process Order to close the public road (walkway) between Greenbank Drive and Beaverdale Avenue, Windsor Gardens being allotment 274 in D.P. 6701 and transfer the piece marked ‘A’ to P. and S. Segat and the piece marked ‘B’ to S. and M. Strudwick as delineated in Preliminary Plan No. 04/0064. A copy of the plan and a statement of persons affected are available for public inspection at the Civic Centre, 163 St Vincent Street, Port Adelaide, S.A. 5015, the Council Offices situated in the Enfield, Greenacres and Parks Libraries and the Adelaide Office of the Surveyor-General during normal office hours. Any application for easement or objection must be made in writing to the Council, P.O. Box 110, Port Adelaide, S.A. 5015 within 28 days of this notice and a copy must be forwarded to the Surveyor-General, G.P.O. Box 1354, Adelaide, S.A. 5001. Where a submission is made, the council will give notification of a meeting at which the matter will be considered. Dated 26 August 2004.

H. WIERDA, City Manager

CITY OF PORT ADELAIDE ENFIELD

ROADS (OPENING AND CLOSING) ACT 1991 Road Closure

NOTICE is hereby given pursuant to section 10 of the Roads (Opening and Closing) Act 1991, that the City of Port Adelaide Enfield proposes to make a Road Process Order to close and transfer the public road, between Robe Street and Marryatt Street, transfer to Eleven Sails Pty Ltd the portion marked ‘A’ and transfer to the City of Port Adelaide Enfield the portion marked ‘B’ as delineated on Preliminary Plan No. 04/0066. A copy of the plan and a statement of persons affected are available for public inspection at the Civic Centre, 163 St Vincent Street, Port Adelaide, S.A. 5015, the Council Offices situated in the Enfield, Greenacres and Parks Libraries and the Adelaide Office of the Surveyor-General during normal office hours. Any application for easement or objection must be made in writing to the Council, P.O. Box 110, Port Adelaide, S.A. 5015 within 28 days of this notice and a copy must be forwarded to the Surveyor-General, G.P.O. Box 1354, Adelaide, S.A. 5001. Where a submission is made, the council will give notification of a meeting at which the matter will be considered. Dated 25 August 2004.

H. WIERDA, City Manager

CITY OF PORT AUGUSTA

ROADS (OPENING AND CLOSING) ACT 1991 La France Terrace, Port Augusta West

PURSUANT to section 10 of the Roads (Opening and Closing) Act 1991, the Corporation of the City of Port Augusta hereby gives notice of its intent to implement a Road Process Order to close and retain the whole of La France Terrace (between Loudon Road and Hackett Street), more particularly delineated and lettered as ‘A’ on Preliminary Plan No. 04/0068. A copy of the plan and a statement of persons affected are available for public inspection at the office of the Council, 4 Mackay Street, Port Augusta and the Adelaide office of the Surveyor-General during normal office hours. Any application for easement or objection must set out the full name, address and details of the submission and must be fully supported by reasons.

3520 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [26 August 2004 The application for easement or objection must be made in writing to the Council, P.O. Box 1704, Port Augusta, S.A. 5700 WITHIN 28 DAYS OF THIS NOTICE and a copy must be forwarded to the Surveyor-General, G.P.O. Box 1354, Adelaide, S.A. 5001. Where a submission is made, the council will give notification of a meeting at which the matter will be considered.

J. G. STEPHENS, City Manager

ALEXANDRINA COUNCIL

ROADS (OPENING AND CLOSING) ACT 1991 Road Closing Portion of Laurie Lane, Goolwa

NOTICE is hereby given pursuant to section 10 of the Act, that council proposes to make a Road Process Order to close and transfer to the Returned Services League a strip (approximately 4 m wide) of Laurie Lane adjoining allotment 235 in FP 166609 shown as ‘A’ on Preliminary Plan No. 04/0067. A copy of the plan and statement of persons affected are available for public inspection at Council’s Office, Dawson Street, Goolwa and the office of the Surveyor-General, 101 Grenfell Street, Adelaide during normal office hours. Any application for easement or objections must be made in writing within 28 days from 26 August 2004, to the Council, P.O. Box 21, Goolwa, S.A. 5214 and the Surveyor-General, G.P.O. Box 1354, Adelaide, S.A. 5001, setting out full details. Where a submission is made, council will give notification of a meeting to deal with the matter.

J. L. COOMBE, Chief Executive Officer

DISTRICT COUNCIL OF CEDUNA

Results of Supplementary Election Councillor: one vacancy Formal Ballot Papers: 1 012 Informal Ballot Papers: 2 Quota: 507

Candidates First

Preference Votes

Result After Distribution of

Preferences

Workman, Brian .......................... 326 Ross, Michael .............................. 686 Elected


CLARE & GILBERT VALLEYS COUNCIL

Adoption of Valuation and Declaration of Rates NOTICE is hereby given that the Clare & Gilbert Valleys Council at its special meeting held on 9 August 2004, resolved that for the financial year ending 30 June 2005, and in exercise of the powers contained in Chapter 10 of the Local Government Act 1999, as follows: 1. Adoption of Valuations Pursuant to section 167 of the Local Government Act 1999, council adopted the most recent capital valuation of the Valuer-General in relation to the whole of the area of the council and specified that the total of the values that are to apply within the area is $1 443 053 040. 2. Declaration of Differential General Rates Pursuant to section 153 of the Local Government Act 1999, the following differential general rates for the year ending 30 June 2005, be declared with reference to land use category: (1) on rateable land with the land use of Category 1

(Residential) and Category 9 (Other) rate of 0.3980 cents in the dollar of the capital value of such land;

(2) on rateable land with the land use of Category 2 (Commercial—Shop), Category 3 (Commercial—Office) and Category 4 (Commercial—Other) a rate of 0.5174 cents in the dollar of the capital value of such land;

(3) on rateable land with the land use of Category 5 (Industrial—Light) and Category 6 (Industrial—Other) a rate of 0.5174 cents in the dollar of the capital value of such land;

(4) on rateable land with the land use of Category 7 (Primary Production) a rate of 0.3184 cents in the dollar of the capital value of such land; and

(5) on rateable land with the land use of Category 8 (Vacant Land) a rate of 1.1940 cents in the dollar of the capital value of such land.

3. Declaration of Minimum Rate Pursuant to section 158 of the Local Government Act 1999, council declared a minimum amount that shall be payable by way of rates on rateable properties of $412.50. 4. Septic Tank Effluent Drainage Scheme System Pursuant to section 155 of the Local Government Act 1999, council imposed the following annual service charges for the year ending 30 June 2005 on all properties in the following townships to which it provides, or makes available, a Septic Tank Effluent Disposal Scheme:

Clare • Occupied Land $158.40 • Vacant Land $158.40

Riverton • Occupied Land $158.40 • Vacant Land $158.40

Saddleworth • Occupied Land $158.40 • Vacant Land $158.40 5. Waste Collection Pursuant to section 155 of the Local Government Act 1999, council fixed the following annual service charges for the year ending 30 June 2005: (a) on each property within the following townships Clare,

Riverton, Saddleworth, Mintaro, Sevenhill, Auburn, Watervale, Manoora, Rhynie, Marrabel, Stockport, Tarlee and Waterloo an annual service charge of $125; and

(b) for all properties outside of the above townships that have made applications and have access along the route to the waste collection service, an annual service charge of $125.

6. Payment of Rates and Charges Pursuant to section 181 (2) (a) of the Local Government Act 1999, the payment of rates will be made by four approximately equal instalments, with the first of which shall be due on 20 September 2004, second on 20 December 2004, third on 21 March 2005 and the fourth on 20 June 2005. 7. Rate Capping Pursuant to Section 166 (1) (l) (ii) of the Local Government Act 1999, for the 2004-2005 rating year, council will make generally available to all properties a rebate of rates in order to cap any increase in rates paid for the previous financial year arising from a significant increase in valuation as follows: • general cap 25% provided that the increase is not as a result of: • improvements made to the property worth more than

$5 000; • a change to the land use of the property not related to

changes to the rating system; • ownership of the rateable property has changed since 1 July

2003;

26 August 2004] THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 3521 • the valuation increase due to the maturity of plantings

which have been planted within the previous 6 years; • the valuation has increased due to tenancy apportionments, with the consideration of a rebate by application only, which must be submitted to council by 1 October 2004, with council reserving the right to refuse to consider applications received after that date. 8. Discount on Rates Pursuant to section 181 (11) of the Local Government Act 1999, council grants a discount of 2.25% for the full payment of rates by one single instalment on or before 20 September 2004.

M. A. GOLDSTONE, Chief Executive Officer

NARACOORTE LUCINDALE COUNCIL ROADS (OPENING AND CLOSING) ACT 1991

Caves District Road, Naracoorte NOTICE is hereby given, pursuant to section 10 of the Roads (Opening and Closing) Act 1991, that, the Naracoorte Lucindale Council proposes to make a Road Process Order to: (i) open as road portion of allotment 1 in Filed Plan 7987,

portion of allotment 6 and portions of allotment 5 in Deposited Plan 28614, portion of allotment 2 in Deposited Plan 32965 and portion of allotment 4 in Filed Plan 7987, more particularly delineated and numbered ‘1’, ‘2’, ‘3’, ‘4’, ‘5’ and ‘6’ respectively, on Preliminary Plan No. 02/0037, forming a re-alignment of the adjoining Caves District Road.

(ii) close and vest in the Crown portion of the public road (Caves District Road) east of Stoney Point Road adjoining section 397 (reserve), Hundred of Joanna and allotment 1 (reserve) in Filed Plan 7987, more particularly delineated and lettered ‘A’ and ‘B’ respectively, on Preliminary Plan No. 02/0037.

A statement of persons affected by the road process together with a copy of the Preliminary Plan are available for public inspection at the Council Offices, De Garis Place, Naracoorte, between 9 a.m. and 5 p.m. week days only. Copies may also be inspected at the Adelaide Office of the Surveyor-General during normal working hours. Any person who may wish to object to the proposed road process or any person affected by the proposed Road Closing who may wish to apply for an easement to be granted in that person’s favour over the land subject to the proposed Road Closing must lodge with the said council a Notice of Objection or an application for an easement within 28 days of the date of this notice. Any objections lodged shall be in writing giving the objector’s full name and address, reasons for the objection and whether the objector wishes to appear in person or be represented at the subsequent meeting when the objection will be determined by council. A copy of any submission must be forwarded to the Surveyor-General, Box 1354, Adelaide, S.A. 5001. Dated 2 September 2004.

D. HOVENDEN, Chief Executive Officer

ROXBY DOWNS COUNCIL

Adoption of Valuation and Declaration of Rates NOTICE is hereby given that the Municipal Council of Roxby Downs, for the financial year ending 30 June 2005 in exercise of the powers contained in Chapter 10 of the Local Government Act 1999 and the Roxby Downs (Indenture Ratification) Act 1982, adopted the following resolutions:

Adoption of Valuation 1. (1) The rates assessed on rateable land in the area of the council will be based on the capital value of land for all rateable land. (2) Pursuant to section 167 (2) (a) of the Local Government Act the most recent valuations of the Valuer-General available to the council of the capital value of land within the council’s area be adopted, totalling $241 557 320.

Fixed Charge 2. A fixed charge of $150 is imposed in respect of each separate piece of rateable land in the council area.

Declaration of Differential General Rates 3. Differential General Rates are declared in accordance with the use of the land in accordance with the differentiating factors specified in Regulation 10 of the Local Government (General) Regulations 1999 as follows: (1) Residential Land—a differential rate of 0.4750 cents in

the dollar on the capital value of such land. (2) Commercial—Shop, Commercial—Office, Commer-

cial—Other—a differential rate of 0.8825 cents in the dollar on the capital value of such land.

(3) Industrial—Light, Industrial—Other, Primary Product- ion and Other—a differential rate of 0.7850 cents in the dollar on the capital value of such land.

(4) Vacant Land—a differential rate of 0.5625 cents in the dollar on the capital value of such land.

Service Charges 4. A service charge of $120 is imposed upon each separate piece of rateable land to which the council makes available a collection, treatment and disposal of domestic waste service.

Method of Payment 5. That in accordance with section 181 of the Local Government Act 1999, the 2004-2005 General Rates (Fixed Charges and Differential Rates) and Service Charge shall be in four instalments payable on 30 September 2004, 16 December 2004, 16 March 2005 and 16 June 2005. Dated 23 August 2004.

W. J. BOEHM, Administrator

DISTRICT COUNCIL OF STREAKY BAY

Final Adoption of Community Land Management Plans NOTICE is hereby given, pursuant to section 197 (3) of the Local Government Act 1999, that the District Council of Streaky Bay, at its meeting held on 18 August 2004, adopted Management Plans for the following Community Land: Management Plan 1 Cemeteries Management Plan 2 Streaky Bay Foreshore Reserve Management Plan 3 Council Parks with Minor

Improvements Management Plan 4 Council Parks with Major

Improvements Management Plan 5 Community Buildings Management Plan 6 Recreation Facilities Management Plan 7 Poochera CFS Management Plan 8 Streaky Bay Council Offices and

Institute Management Plan 9 Wirrulla Caravan Park Management Plan 10 Poochera Museum

J. RUMBELOW, Chief Executive Officer


WATTLE RANGE COUNCIL Results of Supplementary Election—Sorby Adams Ward

Councillor: One Vacancy Formal ballot papers 591 Informal ballot papers 2 Quota: 296

First Preference Primary Votes

After Distributionof Preferences

Kris Meyer .................................. 308 Elected Vic Smith .................................... 198 Malcolm White............................ 85

Total ........................................ 591


IN the matter of the estates of the undermentioned deceased persons: Barnes, Edward John David, late of 6 Kerrison Avenue,

Ridgehaven, retired distribution manager, who died on 24 June 2004.

Bell, Ronald, late of 54 Woodcroft Drive, Morphett Vale, retired public servant, who died on 23 June 2004.

Bowman, Barbara Joy, late of 4 Lindfield Avenue, Novar Gardens, home duties, who died on 6 June 2004.

Byers, Norma Marion, late of 43 Marlborough Street, Malvern, of no occupation, who died on 16 June 2004.

Cutmore, Laurence Charles, late of 27 Denmead Avenue, Campbelltown, retired machinist, who died on 23 June 2004.

Dobras, Milan, late of 18A Goodenough Street, Mile End, of no occupation, who died on 28 June 2004.

Ellary, Marjorie Louisa, late of 150 Adams Road, Craigmore, of no occupation, who died on 24 June 2004.

Garrett, Lilian Rose Elsie, late of 7 Barker Avenue, Tea Tree Gully, home duties, who died on 17 June 2004.

Glenn, Duncan Cyril James, late of 43 Marlborough Street, Malvern, retired sales representative, who died on 30 June 2004.

Harrod, Gwenda Lucy Mary, late of 17-19 Cornhill Road, Victor Harbor, widow, who died on 18 May 2004.

Jarvis, Sylvia Adelaide, late of 10 Stanford Smith Street, Klemzig, of no occupation, who died on 11 May 2004.

Lloyd, Brenda Lorraine, late of 5-9 Majors Road, North, Moonta, of no occupation, who died on 24 June 2004.

Maddison, Theresa Jane, late of Hazel Grove, Ridgehaven, of no occupation, who died on 20 May 2004.

Parker, Lauris Rosebery, late of 5 Maturin Road, Glenelg, of no occupation, who died on 26 June 2004.

Possee, Doris May, late of 67 Porter Street, Salisbury, widow, who died on 21 July 2004.

Rowse, Ruth Mary, late of 10 Morton Road, Christie Downs, of no occupation, who died on 3 June 2004.

Salter, Clara Ellen, late of 550 Portrush Road, Glen Osmond, widow, who died on 26 July 2004.

Steele, John Ronald, late of 8 Loral Street, Para Hills, retired marine engineer, who died on 16 July 2004.

Thompson, Margaret, late of 8 Fletcher Street, Mount Barker, home duties, who died on 12 July 2004.

Whitehorn, Rita Rubina May, late of 156 Main North Road, Prospect, widow, who died on 27 June 2004.

Notice is hereby given pursuant to the Trustee Act 1936, as amended, the Inheritance (Family Provision) Act 1972, and the Family Relationships Act 1975, that all creditors, beneficiaries, and other persons having claims against the said estates are required to send, in writing, to the Public Trustee, 25 Franklin Street, Adelaide, S.A. 5000, full particulars and proof of such claims, on or before 24 September 2004, otherwise they will be excluded from the distribution of the said estate; and notice is also hereby given that all persons who are indebted to the said estates are required to pay the amount of their debts to the Public Trustee or proceedings will be taken for the recovery thereof; and all persons having any property belonging to the said estates are forthwith to deliver the same to the Public Trustee. Dated 26 August 2004.

C. J. O’LOUGHLIN, Public Trustee

SOUTH AUSTRALIA—In the Supreme Court No. 2507 of 1995. In the matter of Cudmore Developments Pty Limited (ACN 008 271 887) and in the matter of the Corporations Law of South Australia.

Notice by a Liquidator of His Intention to Seek His Release Take notice that I, Barrie Malcolm Mansom, First Floor, Menai House, 17 Bagot Street, North Adelaide, the liquidator of the abovenamed company, intend to make application to the Supreme Court of South Australia for my release as the liquidator of the abovenamed company. And take further notice that if you have any objection to the granting of my release, you must file at the Supreme Court and also forward to me within 21 days of the publication in the Gazette of the notice of my intention to apply for a release a notice of objection in the form laid down by the Corporations (South Australia) Rules 1993. A summary of my receipts and payments as liquidator is enclosed herewith. Dated 17 August 2004.

B. M. MANSOM, Liquidator Note: section 481 of the Corporations Law enacts that an order of the Court releasing a liquidator shall discharge him or her in the administration of the affairs of the company, or otherwise in relation to his/her conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact.


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THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE...Eva Milekovic Timothy Arnold Nunn Kevin George Phelps...

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